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PEALE-DAVIS CO. v. WEST KENTUCKY COAL CO.

No. 7264.

95 F.2d 655 (1938)

PEALE-DAVIS CO. v. WEST KENTUCKY COAL CO. et al.

Circuit Court of Appeals, Sixth Circuit.

As Amended March 14, 1938.

Attorney(s) appearing for the Case

John D. Morgan and Clarence D. Kerr, both of New York City (Geo. B. Finnegan, Jr., of New York City, and Bruce & Bullitt and John E. Tarrant, all of Louisville, Ky., on the brief), for appellant.

A. S. Pattison and Wm. H. Pattison, both of Washington, D. C. (Allen & Allen, of Cincinnati, Ohio, on the brief), for appellees.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.

HICKS, Circuit Judge.

Peale-Davis Company (herein called Peale-Davis) sued West Kentucky Coal Company for infringement of certain patents. American Coal Cleaning Corporation (herein called American), the manufacturer of the alleged infringing machines, intervened in the defense.

The claims before us are 14 and 16 of patent No. 1,782,391, November 18, 1930; 35, 43, 45, and 50 of No. 1,786,739, December 30, 1930; 11, 17, and 21 of No. 1,787,340, December 30...

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