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CLEVELAND TRENCHER CO. v. BUCKEYE TRACTION DITCHER CO.

No. 4291 Civil.

37 F.Supp. 379 (1940)

CLEVELAND TRENCHER CO. v. BUCKEYE TRACTION DITCHER CO.

District Court, N. D. Ohio, W. D.

December 5, 1940.

Attorney(s) appearing for the Case

Albert R. Teare, of Cleveland, Ohio, for plaintiff.

Arthur W. Dickey, of Detroit, Mich., and Malcolm W. Fraser, of Toledo, Ohio, for defendant.

KLOEB, District Judge.

Plaintiff company, as the assignee of United States letters patents numbers 1,527,438, number 1,553,833 and number 1,927,323, all having reference to claimed improvements in the operation of a trench digging machine, complains of the defendant company that it has infringed the rights of plaintiff under the above listed patents and asks injunction, accounting and costs.

The defendant company in its answer denies the legality of plaintiff...

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