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FREDERICK B. STEVENS, INC. v. STEEL & TUBES

No. 8289.

114 F.2d 815 (1940)

FREDERICK B. STEVENS, Inc., et al. v. STEEL & TUBES, Inc.

Circuit Court of Appeals, Sixth Circuit.

October 9, 1940.

Attorney(s) appearing for the Case

H. A. Toulmin, Jr., of Dayton, Ohio, (Toulmin & Toulmin, H. A. Toulmin, H. A. Toulmin, Jr., and Rowan A. Greer, all of Dayton, Ohio, on the brief), for appellants.

Drury W. Cooper, of New York City, (Drury W. Cooper and Earnest D. Given, both of New York City, and Wm. B. Belden, of Cleveland Ohio, on the brief), for appellee.

Before SIMONS, ALLEN, and ARANT, Circuit Judges.

SIMONS, Circuit Judge.

Begun as a patent infringement suit and resulting below in the dismissal of the bill, the issues presented for decision by the appeal involve not merely the validity of patents, but because of the defense of license express and implied, an interpretation of contracts entered into by the parties, originally and in settlement of controversies that later arose. Consideration of the validity of the patent claims in suit and the question of their...

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