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MADSEN IRON WORKS v. WOOD

No. 9906.

133 F.2d 416 (1943)

MADSEN IRON WORKS v. WOOD et al.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied March 15, 1943.

Attorney(s) appearing for the Case

R. Welton Whann and Robert M. McManigal, both of Los Angeles, Cal. (Kelly L. Taulbee, of Los Angeles, Cal., of counsel), for appellants.

Hackley & Hursh, Roy C. Hackley, Jr., and Jack E. Hursh, all of San Francisco, Cal., for appellees.

Before DENMAN, MATHEWS, and STEPHENS, Circuit Judges.

DENMAN, Circuit Judge.

This is an appeal from a declaratory judgment which holds that the appellees have a valid patent, serial number 1,997,957, for a feeding mechanism of a road mixing machine which the judgment also holds appellant had infringed by manufacturing and selling a similar road mixing machine having a mechanically equivalent feeding mechanism. Since we hold that the appellees claimed patent of the feeding mechanism, whether considered alone or as attached...

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