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R. G. LE TOURNEAU v. GAR WOOD INDUSTRIES

No. 21891-W.

51 F.Supp. 977 (1943)

R. G. LE TOURNEAU, Inc., v. GAR WOOD INDUSTRIES, Inc.

District Court, N. D. California, S. D.

July 16, 1943.

Attorney(s) appearing for the Case

Webster & Webster, Percy S. Webster, and Roger B. Webster, all of Stockton, Cal. (Naylor & Lassagne and Theodore H. Lassagne, both of San Francisco, Cal., of counsel), for plaintiff.

Harness, Dickey & Pierce and Wm. Edward Hann, all of Detroit, Mich., Chas. E. Townsend, of San Francisco, Cal., and Lyon & Lyon, Leonard S. Lyon, and Reginald E. Caughey, all of Los Angeles, Cal., for defendant.

WELSH, District Judge.

The motion of the defendant to dismiss this suit as to Le Tourneau Patent 1,963,665, or for leave to file a supplemental pleading is denied.

On the issue of invalidity of claims 2, 5, 7, 20 and 22 of Le Tourneau Patent 1,963,665 and claims 5 and 6 of Maloon Reissue Patent 21,947, I find in favor of the defendant.

The claims in suit of the Maloon Patent were anticipated by the disclosures of the Le Tourneau Patent 1,963,665 in...

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