E-I-M CO. v. PHILADELPHIA GEAR WORKS

No. 14247.

205 F.2d 28 (1953)

E-I-M CO., Inc. v. PHILADELPHIA GEAR WORKS, Inc.

United States Court of Appeals Fifth Circuit.

As Modified on Denial of Rehearing

July 20, 1953.


Attorney(s) appearing for the Case

James B. Simms, Houston, Tex., Browning & Simms, Houston, Tex., for appellant.

Henry N. Paul, Jr., and Francis W. Sullivan, Philadelphia, Pa., Douglas W. McGregor, Houston, Tex., for appellee.

Before HOLMES, BORAH and RUSSELL, Circuit Judges.


RUSSELL, Circuit Judge.

Other questions were involved and decided in the trial court, but the only issues presented by this appeal are restricted to that part of the trial court's finding and judgment that claim 2 of Ball patent, No. 2,114,013, was valid and infringed by the appellant's valve control. For many years dual control valve operators capable of operation by a handwheel situated on the valve, or automatically, by a motor, usually electric, operated by remote...

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