AMERICAN FORK & HOE CO. v. STAMPIT CORPORATION

No. 8784.

125 F.2d 472 (1942)

AMERICAN FORK & HOE CO. v. STAMPIT CORPORATION.

Circuit Court of Appeals, Sixth Circuit.

January 13, 1942.


Attorney(s) appearing for the Case

Frank M. Slough and John T. Scott, both of Cleveland, Ohio (Frank M. Slough, of Cleveland, Ohio, on the brief), for appellant.

James R. McKnight, of Chicago, Ill. (James R. McKnight and Harry L. Peters, both of Chicago, Ill., and Homer H. Marshman, of Cleveland, Ohio, on the brief), for appellee.

Before ALLEN, HAMILTON, and MARTIN, Circuit Judges.


ALLEN, Circuit Judge.

This is an appeal from a portion of a decree holding Patent No. 1,937,775, issued to S. P. Neuhausen December 5, 1938, valid but not infringed. The District Court also held that the appellant, by the manufacture and sale of a particular rake subsequent to the issuance of the Neuhausen patent and subsequent to the manufacture and sale of rakes under the patent by the appellee, had engaged in unfair competition. The court found:

"The rake...

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