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SAFWAY STEEL SCAFFOLDS CO. v. PATENT SCAFFOLDING CO.

No. 7038.

110 F.2d 1008 (1940)

SAFWAY STEEL SCAFFOLDS CO. OF WISCONSIN v. PATENT SCAFFOLDING CO. et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied April 15, 1940.

Attorney(s) appearing for the Case

Max W. Zabel, of Chicago, Ill., and S. L. Wheeler, of Milwaukee, Wis., for plaintiff-appellee.

George Bayard Jones, of Chicago, Ill., C. P. Goepel, of New York City, and George I. Haight and M. K. Hobbs, both of Chicago, Ill., for defendants-appellants.

Before SPARKS, MAJOR, and TREANOR, Circuit Judges.

SPARKS, Circuit Judge.

Appellee charged appellants with infringement of United States Patents to Uecker, numbered 2,043,498, and 2,125,830, both of which had been assigned to it. The first patent was issued June 9, 1936, on an application filed June 16, 1934. The second patent was issued on August 2, 1938. The bill sought an accounting for damages and the answer was invalidity and noninfringement. Claims 2, 5, 9, 15 and 17 of the first patent were held valid and infringed...

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