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ALLIED WHEEL PRODUCTS v. RUDE

No. 11681.

206 F.2d 752 (1953)

ALLIED WHEEL PRODUCTS, Inc. et al. v. RUDE.

United States Court of Appeals Sixth Circuit.

June 17, 1953.

Attorney(s) appearing for the Case

Carl F. Schaffer, Toledo, Ohio (Carl F. Schaffer and Fred A. Smith, Toledo, Ohio, on the brief; Pickrel, Schaeffer & Ebling, Dayton, Ohio, Owen & Owen, Toledo, Ohio, of counsel), for appellants.

H. A. Toulmin, Jr., H. H. Brown, Dayton, Ohio, on the brief; Toulmin & Toulmin, Dayton, Ohio, of counsel, for appellee.

Before ALLEN, McALLISTER, and MILLER, Circuit Judges.

McALLISTER, Circuit Judge.

This is an appeal from a judgment holding that the Rude patent1 for a so-called spider wheel for harrows was valid and infringed. No appeal was taken from the finding and judgment of infringement. We are, therefore, concerned in this case only with the question of validity.

The patent has to do solely with the spider wheel construction and not the manner in which the wheel is carried by various agricultural...

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