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SPECIALTY EQUIPMENT & MACH. CORP. v. ZELL MOTOR CAR CO.

No. 6307.

193 F.2d 515 (1952)

SPECIALTY EQUIPMENT & MACHINERY CORP. v. ZELL MOTOR CAR CO. et al.

United States Court of Appeals Fourth Circuit.

Decided January 9, 1952.

Attorney(s) appearing for the Case

Nelson Moore and William D. Hall, Washington D. C. (Richard S. Wright, Baltimore, Md., on brief), for appellant.

Harry W. Lindsey, Jr., Chicago, Ill. and Carlyle Barton, Jr., Baltimore, Md. (George N. Hibben, Chicago, Ill., on brief), for appellees.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

PARKER, Chief Judge.

This is an appeal in a patent case involving Fleischel Patent No. 2,203,296 and Reissue thereof No. 23,236 relating to automatic gear shift for automobiles. The judge below, without considering the prior art, held that the accused Packard device did not infringe the patent and entered judgment for the defendants. 96 F.Supp. 904. He taxed as costs against plaintiff $7,000 of disbursements by defendants for...

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