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DAYTON RUBBER MFG. CO. v. STAGNARO

No. 6934.

101 F.2d 808 (1938)

DAYTON RUBBER MFG. CO. et al. v. STAGNARO et al.

Circuit Court of Appeals, Sixth Circuit.

Rehearing Denied February 14, 1939.

Attorney(s) appearing for the Case

H. A. Toulmin, Jr., of Dayton, Ohio (H. A. Toulmin and H. A. Toulmin, Jr., both of Dayton, Ohio, on the brief), for appellants.

E. S. Allen, of Cincinnati, Ohio, and Edwin S. Clarkson, of Washington, D. C. (Edwin S. Clarkson, of Washington, D. C., Humbert B. Powell, of Philadelphia, Pa., and Allen & Allen, of Cincinnati, Ohio, on the brief), for appellees.

Before HICKS, ALLEN, and HAMILTON, Circuit Judges.

HICKS, Circuit Judge.

Suit by appellants against L. H. Gilmer Company, a belt manufacturer, and against Henry Stagnaro and others, trading as Cincinnati Belting Company, a sales distributor, for infringement of Patent No. 1,538,303, issued May 19, 1925, to Charles R. Short. The validity of the Short patent is conceded and the issue here is that of infringement only. This involves the scope of the Short claims, all sixteen of which are in issue with the exception of...

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