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CINCINNATI TRACTION BLDG. CO. v. WESTINGHOUSE AIR B. CO.

No. 6485.

98 F.2d 749 (1938)

CINCINNATI TRACTION BLDG. CO. v. WESTINGHOUSE AIR BRAKE CO.

Circuit Court of Appeals, Third Circuit.

July 21, 1938.

Attorney(s) appearing for the Case

Stebbins, Blenko & Parmelee, of Pittsburgh, Pa., and Toulmin & Toulmin, of Dayton, Ohio (H. A. Toulmin, Jr., and H. A. Toulmin, both of Dayton, Ohio, of counsel), for appellant.

Henry R. Ashton, of New York City, and Frank B. Ingersoll and Smith, Buchanan, Scott & Ingersoll, all of Pittsburgh, Pa., for appellee.

Before BUFFINGTON and BIGGS, Circuit Judges, and DICKINSON, District Judge.

BUFFINGTON, Circuit Judge.

In the court below the Cincinnati Traction Building Company, assignee of Patent No. 1,658,421, granted February 7, 1928, to W. G. Stuck for a rail brake for railway cars, and also assignee of four other patents, brought suit against the Westinghouse Air Brake Company, charging infringement thereof. After final hearing, Judge Gibson delivered an elaborate opinion, covering forty-one pages, wherein he thoroughly discussed the several patents...

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