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ALUMINUM COMPANY OF AMERICA v. SPERRY PRODUCTS, INC.

No. 13890.

285 F.2d 911 (1960)

ALUMINUM COMPANY OF AMERICA, Electro Circuits, Inc., and Curtiss-Wright Corporation, Defendants-Appellants, v. SPERRY PRODUCTS, INC., Floyd A. Firestone and United Aircraft Corporation, Plaintiffs-Appellees.

United States Court of Appeals Sixth Circuit.

November 22, 1960.

Attorney(s) appearing for the Case

Carlton Hill, Chicago, Ill., and Stoddard B. Colby, Breed, Abbott & Morgan, New York City, for appellants.

Thomas F. Doran, Meyer, Baldwin, Doran & Young, Cleveland, Ohio, and Carlton Hill and Van Metre Lund of Hill, Sherman, Meroni, Gross & Simpson, Chicago, Ill., and William L. Hanaway, Stoddard B. Colby, Egon R. Gerard, Breed, Abbott & Morgan, New York City, on the brief for Aluminum Co. of America and Curtiss-Wright Corp.

James H. Tilberry, Williams, Tilberry & Golrick, Cleveland, Ohio, on the brief for Electro Circuits, Inc.

J. Philip Anderegg and R. Morton Adams, Pennie, Edmonds, Morton, Barrows & Taylor, New York City, for appellee.

Albert R. Teare, Teare, Kramer, Sturges & Fetzer,* Cleveland, Ohio, on the brief for Floyd A. Firestone.

Ely, Pearne & Gordon, Cleveland, Ohio, and R. Morton Adams, J. Philip Anderegg, John T. Farley, Pennie, Edmonds, Morton, Barrows & Taylor, New York City, on the brief for Sperry Products.

Before McALLISTER, Chief Judge, and MILLER and CECIL, Circuit Judges.

CECIL, Circuit Judge.

This is an appeal from the District Court of the Eastern Division of the Northern District of Ohio. It involves infringement and validity of patents and a claim for damages and restraining orders asserted by counterclaim, for alleged misuse of patents through acts, contracts, combinations, conspiracies and monopolies all as set forth in the pleadings. The questions presented will be taken up and discussed seriatim.

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