CATERPILLAR TRACTOR CO. v. INTERNATIONAL HARVESTER CO.

Nos. 7461, 7462.

120 F.2d 82 (1941)

CATERPILLAR TRACTOR CO. v. INTERNATIONAL HARVESTER CO.

Circuit Court of Appeals, Third Circuit.

May 16, 1941.


Attorney(s) appearing for the Case

Charles M. Fryer, of San Francisco, Cal. (Alfred C. Aurich, of San Francisco, Cal., and William H. Campbell, Jr., of Newark, N. J., on the brief), for plaintiff.

Josiah Stryker, of Newark, N. J. (William S. Elliott, George L. Wilkinson, and Charles L. Byron, all of Chicago, Ill., on the brief), for defendant.

Before BIGGS, MARIS, and GOODRICH, Circuit Judges.


GOODRICH, Circuit Judge.

Plaintiff, Caterpillar Tractor Co., brought this suit against the International Harvester Company alleging the infringement of four patents and praying for money damages and an injunction against further infringement. In its complaint plaintiff alleged that International was the real defendant in a prior suit1 brought by the plaintiff in the Federal District Court in Nevada against Reinharts, Inc., involving the...

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