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JEFFERSON ELECTRIC CO. v. FRANCE MFG. CO.

No. 5431.

35 F.Supp. 835 (1938)

JEFFERSON ELECTRIC CO. v. FRANCE MFG. CO.

District Court, N. D. Ohio, E. D.

June 4, 1938.

Attorney(s) appearing for the Case

Brown, Jackson, Beottcher & Dienner, of Chicago, Ill., M. B. & H. H. Johnson, of Cleveland, Ohio, and John A. Dienner and Frank Parker Davis, both of Chicago, Ill., for plaintiff.

Bates, Golrick & Teare, of Cleveland, Ohio, for defendant.

WEST, District Judge.

The decisions of our Circuit Court of Appeals Kalamazoo Loose-Leaf Binder Co. v. Proudfit Loose-Leaf Co., 6 Cir., 243 F. 895, and Hollingshead Co. v. Bassick Mfg. Co., 6 Cir., 50 F.2d 592, hardly leave room for a District Judge to question his power to pass on the infringing character of defendant's proposed new structure (physical Ex. 4). In two cases involving the simplest of structures, I followed the Kalamazoo...

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