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E-I-M COMPANY v. PHILADELPHIA GEAR WORKS

No. 15261.

223 F.2d 36 (1955)

E-I-M COMPANY, Inc., Appellant, v. PHILADELPHIA GEAR WORKS, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 16, 1955.

Attorney(s) appearing for the Case

Browning, Simms & Hyer, T. E. Richards, Jr., Berry, Richards & Baker, Houston, Tex., Blenko, Hoopes, Leonard & Buell, Pittsburgh, Pa., Walter J. Blenko, Pittsburgh, Pa., James B. Simms, Houston, Tex., for appellant.

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

Before HOLMES and RIVES, Circuit Judges, and WRIGHT, District Judge.

RIVES, Circuit Judge.

E-I-M Company, Inc. appeals from an order holding it in civil contempt of an injunction previously issued by the district court restraining its further infringement of the Ball patent No. 2,114,013, issued April 12, 1938, for a "Valve Operator," which patent is owned by appellee. The prior judgment upon which the injunction was based, held claim 2 of the Ball patent valid and infringed, and that decision was subsequently affirmed by this Court...

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