WESTINGHOUSE ELECTRIC & MFG. CO. v. HESSER

No. 9116.

131 F.2d 406 (1942)

WESTINGHOUSE ELECTRIC & MFG. CO. v. HESSER.

Circuit Court of Appeals, Sixth Circuit.

November 30, 1942.


Attorney(s) appearing for the Case

Drury W. Cooper, of New York City (Drury W. Cooper and Victor S. Beam, both of New York City, A. B. Reavis, of Lester, Pa., and Wm. Marshall Bullitt and Bruce & Bullitt, all of Louisville, Ky., on the brief), for appellant.

Arthur F. Robert, of Louisville, Ky., for appellee.

Before SIMONS, ALLEN and McALLISTER, Circuit Judges.


SIMONS, Circuit Judge.

The appellant sued for contributory patent infringement, but its petition was dismissed on the ground that the accused sales by the appellee were for purposes of replacement or repair of the patented structures and so did not constitute infringement under the rule of Wilson v. Simpson, 9 How. 109, 13 L.Ed. 66; Keeler v. Standard Folding-Bed Co., 157 U.S. 659, 15 S.Ct. 738, 39 L.Ed. 848; Automotive Parts Co. v...

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