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HOLLEY v. GOLDNER SALES CO.

No. 7851.

107 F.2d 494 (1939)

HOLLEY v. GOLDNER SALES CO.

Circuit Court of Appeals, Sixth Circuit.

November 17, 1939.

Attorney(s) appearing for the Case

Marston Allen, of Cincinnati, Ohio (Allen & Allen, Marston Allen, and Theodore Greve, all of Cincinnati, Ohio, on the brief), for appellant.

Merrell E. Clark, of New York City (Merrell E. Clark and Paul R. Ames, both of New York City, and Whittemore, Hulbert & Belknap, of Detroit, Mich., on the brief), for appellee.

Before HICKS, SIMONS, and ARANT, Circuit Judges.

ARANT, Circuit Judge.

Appellant sued appellee for infringement of U. S. Letters Patent No. 1,940,628, issued to Thomas J. Litle, Jr., and dated December 13, 1930, which claimed a thermostatically controlled method of utilizing exhaust gases in internal combustion engines, for properly heating the fuel mixture in the intake manifold. Appellee challenged the validity of the patent and denied infringement as well. The District Court held the patent, as it construed appellant...

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