HOLLAND CO. v. AMERICAN STEEL FOUNDRIES

No. 10548.

196 F.2d 749 (1952)

HOLLAND CO. v. AMERICAN STEEL FOUNDRIES.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied June 9, 1952.


Attorney(s) appearing for the Case

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

George I. Haight, Edward A. Haight, Orrin O. B. Garner, John W. Hofeldt, and Walter L. Schlegel, Jr., all of Chicago, Ill., for appellee.

Before MAJOR, Chief Judge, and KERNER and FINNEGAN, Circuit Judges.


MAJOR, Chief Judge.

Plaintiff instituted this suit, charging defendant with infringement of Claim 10, Patent No. 2,053,989, issued to E. G. Goodwin September 8, 1936. Defendant by answer asserted invalidity and non-infringement. The District Court, [95 F.Supp. 273, 275] sustained the latter defense but failed to pass upon the issue of validity, although making the observation "that Claim...

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