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BARRY v. CHRYSLER CORPORATION

No. 7827.

128 F.2d 618 (1942)

BARRY et al. v. CHRYSLER CORPORATION et al. (BUDD WHEEL CO., Intervener).

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied June 15, 1942.

Attorney(s) appearing for the Case

Gerald G. Barry, of Chicago, Ill., for appellant.

Frank Parker Davis and Geo. N. Hibben, both of Chicago, Ill., and Arthur C. Beaumont, of Detroit, Mich., and Davis, Lindsey, Smith & Shonts and Winston, Strawn & Shaw, all of Chicago, Ill., for appellees.

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

PER CURIAM.

Plaintiffs appeal from a judgment dismissing for want of equity their complaint for infringement of Claims 5, 6, 7, and 9 of patent to Barry, number 1,422,167.

In Barry et al. v. Studebaker Corp., 7 Cir., 113 F.2d 400, this court held the same claims invalid for want of invention.

We have re-examined the record in that cause and carefully studied the one presented here. Plaintiffs relied upon the same claims...

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