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DALLAS MACHINE & L. WORKS v. WILLAMETTE-HYSTER CO.

No. 9342.

112 F.2d 623 (1940)

DALLAS MACHINE & LOCOMOTIVE WORKS, Inc., v. WILLAMETTE-HYSTER CO. et al.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied August 21, 1940.

Attorney(s) appearing for the Case

Theodore J. Geisler, of Portland, Or., for appellant.

Albert G. McCaleb, of Chicago, Ill., and Austin F. Flegel, Jr., of Portland, Or., for appellees.

Before GARRECHT, HANEY, and HEALY, Circuit Judges.

HANEY, Circuit Judge.

Appeal is taken from a decree in favor of appellees in a suit brought by appellant for infringement of a patent owned by it.

The suit was based on Gerlinger patent No. 1,457,025 issued May 29, 1923, on an application filed March 30, 1922, and covered a "straddle-type" truck. In general, such trucks, by a front or rear view, in shape resemble a square with the bottom or lowest horizontal side omitted. The upper horizontal side is framework...

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