WAGNER IRON WORKS v. KOEHRING COMPANY

Nos. 6267, 6268.

282 F.2d 317 (1960)

WAGNER IRON WORKS, Appellant, v. KOEHRING COMPANY, a Wisconsin Corporation, Appellee. WAGNER IRON WORKS, Appellant, v. HENRY MANUFACTURING COMPANY, Inc., Appellee.

United States Court of Appeals Tenth Circuit.

August 19, 1960.


Attorney(s) appearing for the Case

S. L. Wheeler, Milwaukee, Wis. (J. E. Schroeder, Kansas City, Mo., and Joseph P. House, Jr., Milwaukee, Wis., on the briefs), for appellant.

Gordon D. Schmidt, Kansas City, Mo. (Hovey Schmidt, Johnson & Hovey, Kansas City, Mo., W. A. Denny, Milwaukee, Wis., John A. Hamilton, Kansas City, Mo., L. M. Cornish, Jr., Raines, Glenn & Cornish, Clayton M. Davis, DuMars, Davis & Bennett, Topeka, Kan., on the brief), for appellees.

Before MURRAH, Chief Judge, and PHILLIPS and BREITENSTEIN, Circuit Judges.


PHILLIPS, Circuit Judge.

Wagner Iron Works1 brought two actions for alleged infringement of Patent No. 2,722,324, applied for September 30, 1954, and issued November 1, 1955, one against Shawnee Manufacturing Company, Inc.2 and the other against Henry Manufacturing Company, Inc.3 The cases were consolidated for trial. The claims in suit are 1, 12, 13 and 21. The trial court concluded...

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