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WIEGAND v. W. BINGHAM CO.

Nos. 7892, 7893.

106 F.2d 546 (1939)

WIEGAND et al. v. W. BINGHAM CO. et al. CUTLER-HAMMER, Inc., v. WIEGAND et al.

Circuit Court of Appeals, Sixth Circuit.

September 18, 1939.

Attorney(s) appearing for the Case

Victor D. Borst, of New York City (Hull, Brock & West, of Cleveland, Ohio, Stockbridge & Borst and Victor D. Borst, all of New York City, and William E. Chilton, of Cleveland, Ohio, on the brief), for Wiegand et al., appellants and cross-appellees.

J. Bernhard Thiess, of Chicago, Ill. (Ames, Thiess, Olson & Mecklenburger, J. Bernhard Thiess, and George W. Hansen, all of Chicago, Ill., Bates, Golrick & Teare, of Cleveland, Ohio, and Frank H. Hubbard, of Milwaukee, Wis., on the brief), for Bingham and Cutler-Hammer, appellee, and cross-appellant.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.

SIMONS, Circuit Judge.

The suit which led to the decree assailed by appeal and cross-appeal was for infringement of two patents granted to Wiegand for electrical heating elements, the first numbered 1,614,330, granted January 11, 1927, and the second, No. 1,614,938, granted January 18, 1927, upon a divisional application for a heating element of the strip type. The plaintiffs were the inventor and his exclusive licensee. The suit was brought against a jobber in Cleveland...

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