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CINCINNATI MILLING MACHINE CO. v. TURCHAN

No. 11716.

208 F.2d 222 (1953)

CINCINNATI MILLING MACHINE CO. v. TURCHAN.

United States Court of Appeals Sixth Circuit.

November 24, 1953.

Attorney(s) appearing for the Case

Leonard A. Watson and John C. Blair, New York City (Watson, Johnson, Leavenworth & Blair, New York City, Spencer Kuhn, Gatch, Kleinman, Roberts & Kuhn, Cincinnati, Ohio, on the brief), for appellant.

Thomas S. Donnelly, Detroit, Mich. (Robert A. Sloman, Detroit, Mich., on the brief), for appellee.

Before SIMONS, Chief Judge, and ALLEN and McALLISTER, Circuit Judges.

SIMONS, Chief Judge.

The present patent infringement suit, as now narrowed by the appeal, involves solely an issue of infringement. There was no adjudication of validity in the court below and the patent having now expired the public interest does not invite a consideration of that issue.

The patent in suit is Anderson No. 1,952,230 for an automatic profile milling machine, granted on March 27, 1934, upon an application filed in 1927 and renewed in 1931. Of...

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