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LINCOLN ELECTRIC CO. v. LINDE AIR PRODUCTS CO.

No. 10641.

171 F.2d 223 (1948)

LINCOLN ELECTRIC CO. v. LINDE AIR PRODUCTS CO.

United States Court of Appeals Sixth Circuit.

November 29, 1948.

Attorney(s) appearing for the Case

John F. Oberlin, of Cleveland, Ohio (Oberlin & Limbach, Ashley M. Van Duzer, Thomas V. Koykka and James R. Stewart, all of Cleveland, Ohio, on the brief; McKeehan, Merrick, Arter & Stewart, of Cleveland, Ohio, of counsel), for appellant.

Loftus E. Becker, of New York City (Squire, Sanders & Dempsey, of Cleveland, Ohio, Cahill, Gordon, Zachry & Reindel and Loftus E. Becker, all of New York City, Harry J. Crawford, of Cleveland, Ohio, James A. Fowler, Jr., of New York City, and Richard R. Wolfe, of Chicago, Ill., on the brief), for appellee.

Before HICKS, Chief Judge, and ALLEN and McALLISTER, Circuit Judges.

McALLISTER, Circuit Judge.

The Lincoln Electric Company, appellant, brought suit for infringement of patent 1,589,017 issued for an invention for "Method and Means for Electric Arc Welding." The complaint was filed after expiration of the patent for damages claimed prior thereto, and, as amended, claimed $200,000 damages for infringement. Upon motion by appellee for summary judgment, the district court entered judgment in its favor on the ground that during the life...

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