HOLLAND v. AMERICAN STEEL FOUNDRIES

No. 10321.

190 F.2d 37 (1951)

HOLLAND CO. v. AMERICAN STEEL FOUNDRIES.

United States Court of Appeals, Seventh Circuit.

As Amended on Denial of Rehearing July 3, 1951.


Attorney(s) appearing for the Case

L. B. Mann, Casper W. Ooms, Chicago, Ill., for appellant.

Geo. I. Haight, Edward A. Haight, and Orrin O. B. Garner, all of Chicago, Ill., for appellee.

Before DUFFY, FINNEGAN, and LINDLEY, Circuit Judges.


LINDLEY, Circuit Judge.

In the District Court, plaintiff charged defendant with infringement of Claim 10 of the patent to Goodwin 2,053,989, issued September 8, 1936. Defendant asserted invalidity and noninfringement. The District Court found that defendant had not infringed and, believing it unnecessary, therefore, to pass upon the defense of invalidity, declined to consider the latter and, though expressing doubt as to validity, made no findings or conclusions as...

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