CAREY v. FORD MOTOR CO.

No. 8307.

115 F.2d 204 (1940)

CAREY et al. v. FORD MOTOR CO.

Circuit Court of Appeals, Sixth Circuit.

November 7, 1940.


Attorney(s) appearing for the Case

George Rex Frye, of Detroit, Mich., and Wm. J. Wesseler, of Cleveland, Ohio (Swan, Frye & Hardesty and George Rex Frye, all of Detroit, Mich., and William J. Wesseler, of Cleveland, Ohio, on the brief), for appellants.

Frank Parker Davis and Glen E. Smith, both of Chicago, Ill. (Frank Parker Davis and Glen E. Smith, both of Chicago, Ill., and I. Joseph Farley and Bodman, Longley, Bogle, Middleton & Farley, all of Detroit, Mich., on the brief), for appellee.

Before HICKS, SIMONS, and HAMILTON, Circuit Judges.


SIMONS, Circuit Judge.

Nine years after appellants had given notice of an alleged infringement by the appellee of Ferguson patent No. 1,089,405, they instituted their suit, on September 14, 1929. Trial was had and the cause submitted in January, 1932. More than five years later, in February, 1937, a memorandum decision directed dismissal of the bill — on the ground of laches. A year later, however, findings of fact and conclusions of law were adopted basing...

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