METAL CUTTING TOOL SERVICE v. NATIONAL TOOL CO.

No. 7742.

103 F.2d 581 (1939)

METAL CUTTING TOOL SERVICE v. NATIONAL TOOL CO.

Circuit Court of Appeals, Sixth Circuit.

May 4, 1939.


Attorney(s) appearing for the Case

William Edward Hann, of Detroit, Mich. (J. King Harness, Arthur W. Dickey, and John A. Blair, all of Detroit, Mich., and John W. Meyer, of Cleveland, Ohio, on the brief), for appellant.

William R. Day, of Cleveland, Ohio (Fay, Oberlin & Fay, John F. Oberlin, and William R. Day, all of Cleveland, Ohio, on the brief), for appellee.

Before HICKS, SIMONS, and HAMILTON, Circuit Judges.


SIMONS, Circuit Judge.

The bill filed by the appellant charging infringement of patent No. 1,463,473 to Lapointe for a broaching tool was dismissed in the court below because of non-infringement. Decision in respect to certain assailed structures of the defendant was based upon a construction giving limited scope to the claims in suit, and in respect to another structure it was held that the appellant having induced its manufacture was not entitled to equitable relief...

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