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AMERICAN ROLLING MILL CO. v. REPUBLIC STEEL CORP.

No. 9433.

140 F.2d 514 (1944)

AMERICAN ROLLING MILL CO. v. REPUBLIC STEEL CORPORATION.

Circuit Court of Appeals, Sixth Circuit.

February 16, 1944.

Attorney(s) appearing for the Case

Marston Allen, of Cincinnati, Ohio (Allen & Allen, of Cincinnati, Ohio, Parkinson & Lane and Wallace R. Lane, all of Chicago, Ill., and Marston Allen and Gibson Yungblut, both of Cincinnati, Ohio, on the brief), for appellant.

Drury W. Cooper, of New York City (Drury W. Cooper and E. D. Given, both of New York City, and Greer Marechal, of Dayton, Ohio, on the brief), for appellee.

Before SIMONS, MARTIN, and McALLISTER, Circuit Judges.

McALLISTER, Circuit Judge.

Claiming that The Republic Steel Corporation had infringed its process patent (Cushman Patent No. 1,735,732), for protecting metal culverts, and its patent (Cushman Patent No. 1,652,703) for a corrugated metal culvert, The American Rolling Mill Company brought proceedings for injunction and accounting. The district court held that the claims in issue, in view of the prior art, were invalid and lacked patentable invention.

Both parties...

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