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BORG-WARNER CORPORATION v. MALL TOOL COMPANY

No. 11032.

217 F.2d 850 (1954)

BORG-WARNER CORPORATION, Plaintiff-Appellant, v. MALL TOOL COMPANY, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied January 18, 1955.

Attorney(s) appearing for the Case

Casper William Ooms, Chicago, Ill., Carl G. Stallings, Herbert J. Schmid, Robert C. Williams, Chicago, Ill., of counsel, for appellant.

Horace Dawson, Chicago, Ill., Timothy L. Tilton, Chicago, Ill., Madison P. Neilson, John Bundock, Jr., Chicago, Ill., of counsel, for appellee.

Before MAJOR, LINDLEY and SWAIM, Circuit Judges.

LINDLEY, Circuit Judge.

Plaintiff, owner of patent to Hassler, No. 2,326,854, issued August 17, 1943, charged defendant with infringement of claims 1, 2, 9, 10, 11, 12, 13, and 14. The Court found claims 1 and 2 valid and infringed by exhibits 5 and 6, devices produced by defendant, but not infringed by exhibits 1, 2, 3, and 4, likewise manufactured by defendant, concluding that the claims properly construed did not cover the latter mentioned devices, but adding that...

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