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ALLEGHENY STEEL & BRASS CORPORATION v. ELTING

No. 8352.

141 F.2d 148 (1944)

ALLEGHENY STEEL & BRASS CORPORATION et al. v. ELTING et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied April 5, 1944.

Attorney(s) appearing for the Case

Brayton G. Richards, of Chicago, Ill. (Elmer L. Zwickel, of Chicago, Ill., of counsel), for appellants.

Henry Blech, Herman Herson, and Blech & Herson, all of Chicago, Ill., for appellees.

Before EVANS, SPARKS, and MAJOR, Circuit Judges.

SPARKS, Circuit Judge.

This action involves plaintiffs' petition for a declaratory decree under 28 U.S.C. A. § 400. It sought a declaration that United States Design Patent No. 118,968, and United States Mechanical Patent No. 2,278,433 are invalid and not infringed by plaintiffs' products. These patents were issued to the defendant, August O. Elting, on the respective dates of February 13, 1940 and April 7, 1942, on applications respectively filed on November...

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