APEX ELECTRICAL MFG. CO. v. ALTORFER BROS. CO.

Nos. 11443, 11444.

238 F.2d 867 (1956)

The APEX ELECTRICAL MANUFACTURING COMPANY, Individually and as Trustee, Plaintiff-Appellant, v. ALTORFER BROS. COMPANY, Defendant-Appellee. The APEX ELECTRICAL MANUFACTURING COMPANY and J. G. De Remer Research Corp., Plaintiffs-Appellants, v. ALTORFER BROS. COMPANY, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

November 26, 1956.


Attorney(s) appearing for the Case

H. F. McNenny, Isidor Grossman, Rufus S. Day, Jr., F. O. Richey, D. W. Farrington, Cleveland, Ohio, William C. Nicol, Peoria, Ill., Richey, Watts, Edgerton & McNenny, Cleveland, Ohio, McAfee, Grossman, Taplin, Hanning, Newcomer & Hazlett, Cleveland, Ohio, Sours, Newell and Nicol, Peoria, Ill., for plaintiffs-appellants.

Charles F. Meroni, Donald J. Simpson, Chicago, Ill., Eugene R. Johnson, Peoria, Ill., Hill, Sherman, Meroni, Gross & Simpson, Chicago, Ill., Miller, Westervelt, Johnson & Thomason, Peoria, Ill., for defendant-appellee.

Before DUFFY, Chief Judge, and FINNEGAN and SWAIM, Circuit Judges.


DUFFY, Chief Judge.

These are two actions for alleged infringement of patents relating to domestic washing machines. Appeal No. 11443 involves two patents to James B. Kirby, to-wit: No. 1,969,176 issued August 7, 1934, and No. 2,105,218 issued January 11, 1938. The patents were issued to plaintiff, The Apex Electrical Manufacturing Company, as Trustee. The Trust Estate was set up by Kirby and his associates by a trust agreement.

Appeal No. 11444 likewise involves...

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