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DEERING MILLIKEN RESEARCH CORP. v. ELECTRIC FURN. CORP.

No. 13471.

261 F.2d 619 (1958)

DEERING MILLIKEN RESEARCH CORPORATION, Appellant, v. ELECTRIC FURNACE CORPORATION, Appellee.

United States Court of Appeals Sixth Circuit.

December 15, 1958.

Attorney(s) appearing for the Case

John F. Neary, Jr., New York City, Granville M. Brumbaugh and John F. Neary, Jr., of Brumbaugh, Free, Graves & Donohue, New York City, Noone & Noone, Chattanooga, Tenn., on brief, for appellant.

Jac Chambliss, Chattanooga, Tenn., Jac Chambliss, of Chambliss, Brown & Hodge, Chattanooga, Tenn., Lamont Johnston, Chattanooga, Tenn., on brief, for appellee.

Before SIMONS and MILLER, Circuit Judges, and JONES, District Judge.

SIMONS, Circuit Judge.

The appellant sought in the District Court an injunction restraining infringement of Ingham Patent No. 2,672,895 on a "filling grate for looms" and for damages because of infringement. The patent in suit was issued on March 23, 1954, upon an application made September 14, 1953. It contained four claims of which claims 1, 2 and 4, printed in the margin, are in issue. The District Judge dismissed the complaint upon a motion for summary judgment...

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