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TIMKEN DETROIT AXLE CO. v. CLEVELAND STEEL PROD. CORP.

Nos. 9783, 9784.

148 F.2d 267 (1945)

TIMKEN DETROIT AXLE CO. v. CLEVELAND STEEL PRODUCTS CORPORATION.

Circuit Court of Appeals, Sixth Circuit.

As Amended on Denial of Rehearing April 13, 1945.

Attorney(s) appearing for the Case

F. O. Richey, of Cleveland, Ohio (F. O. Richey, of Cleveland, Ohio, and Wm. A. Strauch, of Washington, D. C., Richey & Watts, of Cleveland, Ohio, and Strauch & Hoffman, of Washington, D. C., on the brief), for Timken Detroit Axle Co., appellant and cross-appellee.

Newton A. Burgess, of New York City (Evans & McCoy, of Cleveland, Ohio, and Newton A. Burgess and John F. Ryan, both of New York City, on the brief), for Cleveland Steel Products Corporation, appellee and cross-appellant.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.

ALLEN, Circuit Judge.

The parties will be denominated here as they were in the District Court.

These appeals challenge a decree of the District Court which found invalid Powers patent 2,039,607, Wilson patent 2,094,764, and Powers patent 2,107,800, all relating to improvements in oil-burning furnaces. Plaintiff's predecessor, Timken-Silent Automatic Company, was assignee of the three patents, and assigned them to plaintiff. The District Court found that if...

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