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TILLOTSON MANUFACTURING CO. v. TEXTRON, INC., HOMELITE

Nos. 15439, 15440.

337 F.2d 833 (1964)

The TILLOTSON MANUFACTURING COMPANY, Plaintiff-Appellant, v. TEXTRON, INC., HOMELITE, a Division of Textron, Inc., Defendant-Appellee. The TILLOTSON MANUFACTURING COMPANY, Plaintiff-Appellee, v. TEXTRON, INC., HOMELITE, a Division of Textron, Inc., Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

November 6, 1964.

Attorney(s) appearing for the Case

Clarence B. Zewadski, Detroit, Mich., Harry O. Ernsberger, Toledo, Ohio, Whittemore, Hulbert & Belknap, Detroit, Mich., Henry W. Seney, Wilson W. Snyder, Fuller, Seney, Henry & Hodge, Toledo, Ohio, on brief, for Tillotson Mfg. Co.

W. Brown Morton, Jr., New York City, Carl F. Schaffer, Owen & Owen, Toledo, Ohio, on brief; Robert McKay, Charles J. Brown, Pennie, Edmonds, Morton, Taylor & Adams, New York City, of counsel, for Textron.

Before WEICK, Chief Judge, and O'SULLIVAN and PHILLIPS, Circuit Judges.

WEICK, Chief Judge.

These appeals arise out of patent infringement actions between the same parties, involving two patents for improvements of diaphragm type carburetors of different design and construction. They were argued together.

The District Court referred both actions to a Special Master who heard the evidence, considered them separately, wrote opinions and made findings of fact and conclusions of law in each case. These findings of fact and conclusions...

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