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BARRY v. GENERAL TIRE & RUBBER CO.

No. 7408.

122 F.2d 123 (1941)

BARRY et al. v. GENERAL TIRE & RUBBER CO. et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied February 14, 1941.

Attorney(s) appearing for the Case

Patrick J. Lucey and Gerald G. Barry, both of Chicago, Ill., for appellants.

Wm. C. McCoy, of Cleveland, Ohio, and Earle E. Ewins, of Chicago, Ill. (Evans & McCoy and Frank S. Greene, all of Cleveland, Ohio, and Musgrave, Oppenheim, Price & Ewins, of Chicago, Ill., of counsel), for appellees.

Before EVANS, and KERNER, Circuit Judges, and LINDLEY, District Judge.

EVANS, Circuit Judge.

Patent No. 1,473,694, issued November 13, 1923, to Gerald Barry, covering a "Metal Wheel," is the subject of this litigation. Claims 2, 4, 5, and 7 are involved. Claim 2, which is typical, reads:

"2. In a wheel of the character described, the hollow metal units, each comprising a sector of the supporting structure between the hub and rim members, formed from a single metal blank, substantially as shown and described."

Assuming...

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