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GIBSON-STEWART CO. v. WM. BROS BOILER & MFG. CO.

No. 13500.

264 F.2d 776 (1959)

GIBSON-STEWART COMPANY, Inc., Appellant, v. WM. BROS BOILER AND MANUFACTURING COMPANY, Appellee.

United States Court of Appeals Sixth Circuit.

February 19, 1959.

Attorney(s) appearing for the Case

Howard E. Moore, Dallas, Tex.; Cecil L. Wood, Fort Worth, Tex., W. D. Cole of Kuth & Cole, Cleveland, Ohio, on the brief, for appellant.

Andrew E. Carlsen and Douglas L. Carlsen, Minneapolis, Minn.; John F. Oberlin of Oberlin & Limbach, Cleveland, Ohio, on the brief, for appellee.

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

MARTIN, Circuit Judge.

In this suit for patent infringement, the able and experienced district judge held the four claims of Bros, et al., Patent (No. 2,610,557) to be valid and infringed by the appellant, Gibson-Stewart Company, Inc.

As stated by the patentee, the invention in the patent in suit relates to the art of compacting earth for roads, highways, airport runways, fills for dams, etc., where deep penetration...

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