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BUFFALO-SPRINGFIELD ROLL. CO. v. GALION IRON WKS. M. CO.

No. 11967.

215 F.2d 686 (1954)

THE BUFFALO-SPRINGFIELD ROLLER COMPANY, Appellant, v. THE GALION IRON WORKS MANUFACTURING COMPANY, Appellee.

United States Court of Appeals, Sixth Circuit.

September 29, 1954.

Attorney(s) appearing for the Case

Clarence B. Des Jardins, and Howard T. Keiser, Des Jardins, Robinson & Keiser, Cincinnati, Ohio, Arthur E. Dowell, Jr., Arthur E. Dowell, III, Washington, D. C., on the brief for appellant.

Harker H. Hittson, Columbus, Ohio, Lawrence B. Biebel, Marechal, Biebel, French & Bugg, Dayton, Ohio, on the brief for appellee.

Before SIMONS, Chief Judge, ALLEN, Circuit Judge, and GOURLEY, District Judge.

SIMONS, Chief Judge.

In this patent action, injunction and damages were sought for infringement of Keeler patent No. 2,197,395, and a declaratory judgment that Greiner patents Nos. 2,359.519 and 2,442,563, owned by the appellant, are invalid. The appellant denying validity and infringement of Keeler, counterclaimed for infringement by the appellee of both Greiner patents and the Harrison and Greiner Design patent No. 138,539. The appellant at trial conceded the invalidity...

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