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INDEPENDENT PNEUMATIC T. CO. v. CHICAGO PNEUMATIC T. CO.

Nos. 10408, 10409.

194 F.2d 945 (1952)

INDEPENDENT PNEUMATIC TOOL CO. v. CHICAGO PNEUMATIC TOOL CO.

United States Court of Appeals Seventh Circuit.

March 4, 1952.

Attorney(s) appearing for the Case

Floyd H. Crews, New York City, William E. Lucas and Loftus, Lucas & Hammand, all of Chicago, Ill. (Darby & Darby, Donald J. Overocker, and Raymond G. Mullee, all of New York City, of counsel), for Chicago Pneumatic Tool Co.

Harry W. Lindsey, Jr., George N. Hibben, Chicago, Ill., for Independent Pneumatic Tool Co.

Before KERNER, LINDLEY, and SWAIM, Circuit Judges.

KERNER, Circuit Judge.

This was a complaint in which plaintiff Independent Pneumatic Tool Company prayed that the court enter a declaratory judgment that defendant's Amtsberg patent 2219883, issued October 29, 1940, on an application filed June 5, 1937, and Fitch patent 2219865, issued October 29, 1940, on an application filed October 14, 1938, were invalid, and that plaintiff's "Thor Wrench" was not an infringement of either of these patents. The defendant Chicago...

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