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PANGBORN CORPORATION v. AMERICAN FOUNDRY EQUIP. CO.

Nos. 8991, 9004, No. 9025.

159 F.2d 88 (1946)

PANGBORN CORPORATION v. AMERICAN FOUNDRY EQUIPMENT CO. AMERICAN FOUNDRY EQUIPMENT CO. v. HALL (two cases).

Circuit Court of Appeals, Third Circuit.

Decided August 12, 1946.

As Amended on Denial of Rehearing November 16, 1946.

Attorney(s) appearing for the Case

Robert T. McCracken, of Philadelphia, Pa., and Charles M. Thomas, of Washington, D. C., (William S. Potter, of Wilmington, Del., and C. Russell Phillips, of Philadelphia, Pa., on the brief), for appellants.

Hugh M. Morris, of Wilmington, Del. (Albert M. Austin, of New York City, on the brief), for appellees.

Before BIGGS and O'CONNELL, Circuit Judges, and GOURLEY, District Judge.

BIGGS, Circuit Judge.

The three appeals at bar are in reality but two. The first, that at our No. 8991 (Civil Action No. 193 in the court below), is that of Pangborn Corporation (Pangborn) from an order of the court below denying Pangborn or anyone claiming under it the right to prosecute any proceeding based on Rosenberger and Keefer Patent No. 2,352,588, against The American Foundry Equipment Company (American). The two other appeals, respectively at our Nos. 9004...

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