COMMERCIAL SHEARING & S. CO. v. YOUNGSTOWN STEEL CAR CORP.

No. 7064.

87 F.2d 862 (1937)

COMMERCIAL SHEARING & STAMPING CO. v. YOUNGSTOWN STEEL CAR CORPORATION.

Circuit Court of Appeals, Sixth Circuit.

February 12, 1937.


Attorney(s) appearing for the Case

C. P. Byrnes and Walter J. Blenko, both of Pittsburgh, Pa. (McKain, Ohl & Swanner, of Youngstown, Ohio, Byrnes, Stebbins & Blenko of Pittsburgh, Pa., and Guy Ohl of Youngstown, Ohio, on the brief), for appellant.

Charles F. Miller, Jr., of Washington, D. C. (Henderson, Wilson, Mason & Wyatt, of Youngstown, Ohio, Emery, Booth, Holcombe & Miller, of Washington, D. C., and William A. Mason, of Youngstown, Ohio, on the brief) for appellee.

Before HICKS and ALLEN, Circuit Judges, and LEDERLE, District Judge.


HICKS, Circuit Judge.

Suit by the Commercial Shearing & Stamping Company, appellant, against the Youngstown Steel Car Corporation, appellee, for infringement of claim 1 of letters patent No. 1,757,813, May 6, 1930, to Robert V. Proctor and Harry M. Schaab for a "tunnel liner"; and of claim 3 of letters patent No. 1,778,606, October 14, 1930, to Robert V. Proctor for a "metallic structure." Both patents were assigned to appellant.

The defenses were: Noninfringement...

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