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HAZELTINE RESEARCH v. GENERAL MOTORS CORPORATION

No. 10597.

170 F.2d 6 (1948)

HAZELTINE RESEARCH, Inc. v. GENERAL MOTORS CORPORATION.

United States Court of Appeals Sixth Circuit.

October 19, 1948.

Attorney(s) appearing for the Case

Laurence B. Dodds, of New York City (Laurence B. Dodds and Leonard B. Dodds, both of New York City, and Paxton & Seasongood and Robert P. Goldman, all of Cincinnati, Ohio, on the brief), for appellant.

C. Blake Townsend and Drury W. Cooper, both of New York City (Drury W. Cooper, Stephen H. Philbin and C. Blake Townsend, all of New York City, and Fred E. Jones, of Detroit, Mich., on the brief), for appellee.

Before HICKS, Chief Judge, and SIMONS and MARTIN, Circuit Judges.

Rehearing Denied December 27, 1948. See 171 F.2d 680.

SIMONS, Circuit Judge.

As against the defense of invalidity based upon lack of invention, the appellant failed in its suit for infringement of two patents in the radio art. They are Wheeler No. 1,951,685, for a "Peak Detector," issued March 20, 1934, and Wheeler No. 2,041,273, issued May 19, 1936, for "Amplifier Volume Control." The complaints alleging infringement were...

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