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UNION CARBIDE CORPORATION v. GRAVER TANK & MFG. CO.

Nos. 12797, 12798.

282 F.2d 653 (1960)

UNION CARBIDE CORPORATION, Plaintiff-Appellant, v. GRAVER TANK & MFG. CO., Inc., and The Lincoln Electric Company, Defendants-Appellees. UNION CARBIDE CORPORATION, Plaintiff-Appellee, v. GRAVER TANK & MFG. CO., Inc., and The Lincoln Electric Company, Defendants-Appellants.

United States Court of Appeals Seventh Circuit.

Rehearing Denied October 13, 1960.

Attorney(s) appearing for the Case

Richard Russell Wolfe, Chicago, Ill., James A. Fowler, Jr., New York City, George N. Beamer, South Bend, Ind., Cahill, Gordon, Reindel & Ohl, New York City, Wolfe, Hubbard, Voit & Osann, Chicago, Ill., Crumpacker, May, Beamer, Levy & Searer, South Bend, Ind., C. Frederick Leydig, Jr., Chicago, Ill., William A. Jansen, New York City, of counsel, for Union Carbide Corp.

Casper W. Ooms, Edward A. Haight, Chicago, Ill., Thomas V. Koykka, Cleveland, Ohio, Charles G. Bomberger, Hammond, Ind., Dugald S. McDougall, Chicago, Ill., James R. Stewart, Cleveland, Ohio, for Graver Tank & Mfg. Co., Inc. and The Lincoln Electric Co.

Before HASTINGS, Chief Judge, and DUFFY and MAJOR, Circuit Judges.

MAJOR, Circuit Judge.

These appeals are from a final judgment in favor of plaintiff, entered August 26, 1959, after accounting, for infringement of claims 18, 20, 22 and 23 of patent No. 2,043,960 on a welding flux (sometimes referred to as Jones or the patent in suit). Judgment was rendered in the amount of $3,010,077.16, apportioned as follows:

  Award of damages based
    on reasonable royalty ...........   $1,361,891.25
  Interest at 6% per annum...

                    
                    
                    

                        

                            

                                
                            

                            

                                

                                    
    
                                        
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