LEMPCO PRODUCTS v. TIMKEN-DETROIT AXLE CO.

No. 8042.

110 F.2d 307 (1940)

LEMPCO PRODUCTS, Inc., v. TIMKEN-DETROIT AXLE CO.

Circuit Court of Appeals, Sixth Circuit.

March 12, 1940.


Attorney(s) appearing for the Case

A. C. Denison and John F. Oberlin, both of Cleveland, Ohio (Fay, Oberlin & Fay, A. C. Denison, and John F. Oberlin, all of Cleveland, Ohio, on the brief), for appellant.

F. O. Richey, of Cleveland, Ohio (F. O. Richey, of Cleveland, Ohio, William A. Strauch, of Washington, D. C., Richey & Watts, of Cleveland, Ohio, and Strauch & Hoffman, of Washington, D. C., on the brief), for appellee.

Before HICKS, SIMONS, and HAMILTON, Circuit Judges.


SIMONS, Circuit Judge.

The patent involved in the present infringement suit, the validity of which is assailed, relates specifically to the driving shaft of an axle assemblage for automotive vehicles, being No. 2,022,581 issued to Herbert W. Alden and L. Ray Buckendale, November 26, 1935, upon an application filed February 16, 1934. It was held valid and infringed below.

The plaintiff and assignee of the patent is a large and well-known manufacturer of motor...

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