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GLOBE STEEL ABRASIVE CO. v. NATIONAL METAL A. CO.

No. 7638.

101 F.2d 489 (1939)

GLOBE STEEL ABRASIVE CO. v. NATIONAL METAL ABRASIVE CO.

Circuit Court of Appeals, Sixth Circuit.

February 8, 1939.

Attorney(s) appearing for the Case

F. J. Perkins, of Cleveland, Ohio (McKeehan, Merrick, Arter & Stewart, of Cleveland, Ohio, and Weil, Christy & Weil and Brown, Critchlow & Flick, all of Pittsburgh, Pa., on the brief), for appellant.

John Chamberlain, of Cleveland, Ohio (Chamberlain & Royon, of Cleveland, Ohio, on the brief), for appellee.

Before SIMONS, ALLEN, and HAMILTON, Circuit Judges.

SIMONS, Circuit Judge.

Begun as a patent infringement suit, the controversy presented by this appeal now revolves about the validity of a release and license asserted by the appellee in confession and avoidance but challenged by the appellant as having been obtained by fraud. Judgment of dismissal was entered below on the pleadings.

Both parties being Ohio corporations and the suit having been turned by the answer and replication from one for patent infringement...

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