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HOOVER COMPANY v. MITCHELL MANUFACTURING COMPANY

No. 12526.

269 F.2d 795 (1959)

HOOVER COMPANY, Plaintiff-Appellant, v. MITCHELL MANUFACTURING COMPANY, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

July 28, 1959.

Attorney(s) appearing for the Case

Albert H. Pendleton, Stuart S. Ball, Gregory B. Beggs, Chicago, Ill., Richard R. Fitzsimmons, North Canton, Ohio, for appellant, Olson, Mecklenburger, von Holst, Pendleton & Neuman, Sidley, Austin, Burgess & Smith, Chicago, Ill., of counsel.

Max R. Kraus, Casper W. Ooms, Robert C. Williams, Robert L. Kahn, Chicago, Ill., for appellee.

Before MAJOR, SCHNACKENBERG and PARKINSON, Circuit Judges.

MAJOR, Circuit Judge.

This is a suit charging infringement of Babcock Patent No. 2,391,859. The defenses of invalidity and non-infringement were interposed. The district court, predicated upon and consistent with its findings of fact, decided both issues adversely to plaintiff. Thereupon, the court, on September 9, 1958, entered an order dismissing the complaint. From this order plaintiff appeals.

Plaintiff is a corporation...

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