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CLEVELAND TRUST CO. v. OSHER & REISS, INC.

No. 194.

109 F.2d 917 (1940)

CLEVELAND TRUST CO. v. OSHER & REISS, Inc.

Circuit Court of Appeals, Second Circuit.

February 26, 1940.

Attorney(s) appearing for the Case

George L. Wilkinson and Langdon Moore, both of Chicago, Ill., and Hyland R. Johns, of New York City, for appellant.

Drury W. Cooper and Thomas J. Byrne, both of New York City, and W. P. Bair and Will Freeman, both of Chicago, Ill. (W. P. Bair, of Chicago, Ill., of counsel), for appellee.

Before L. HAND, CHASE, and CLARK, Circuit Judges.

L. HAND, Circuit Judge.

All the patents in suit are for improvements to oil-burning furnaces for heating buildings, and they all follow the same general pattern. An electric motor in the service circuit drives a pump which feeds the fuel — oil — by a pipe into the furnace. At some point, usually at the outlet of the pipe, the oil is mixed with air and discharged into the furnace in a spray. In the earlier systems a pilot light set this on fire, but in...

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