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WESTINGHOUSE ELEC. & MFG. CO. v. POWERLITE SWITCH. CO.

No. 9669.

142 F.2d 965 (1944)

WESTINGHOUSE ELECTRIC & MFG. CO. v. POWERLITE SWITCHBOARD CO.

Circuit Court of Appeals, Sixth Circuit.

As Amended June 19, 1944.

Attorney(s) appearing for the Case

A. J. Hudson, of Cleveland, Ohio, and Victor S. Beam, of New York City (Kwis, Hudson, Boughton & Williams, of Cleveland, Ohio, on the brief), for appellant.

Albert R. Teare, of Cleveland, Ohio (Bates, Teare & McBean, Albert R. Teare, and Robert H. McBean, all of Cleveland, Ohio, on the brief), for appellee.

Before SIMONS, MARTIN, and McALLISTER, Circuit Judges.

SIMONS, Circuit Judge.

The patents involved in the present infringement suit are Jennings reissue #19,887, granted March 10, 1936, for a panel circuit breaker, and Austin, #1,705,700, March 19, 1929, for a control apparatus. Both are in the electrical art and with affirmance in all respects of the report of a special master and the denial of exceptions thereto, were held invalid and not infringed by the appellee.

The Jennings patent relates to a distributing...

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