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

Nos. 14469-70.

345 F.2d 409 (1965)

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

United States Court of Appeals Seventh Circuit.

April 9, 1965.

Attorney(s) appearing for the Case

Richard R. Wolfe, Chicago, Ill., James A. Fowler, Jr., New York City, Nathan Levy, South Bend, Ind., Cahill, Gordon, Reindel & Ohl, New York City, Wolfe, Hubbard, Voit & Osann, Chicago, Ill., Crumpacker, May, Levy & Searer, South Bend, Ind., for plaintiff-appellant, C. Frederick Leydig, Chicago, Ill., of counsel.

Thomas V. Koykka, Cleveland, Ohio, Edward A. Haight, Dugald S. McDougall, Chicago, Ill., Charles G. Bomberger, Hammond, Ind., James R. Stewart, Cleveland, Ohio, for The Lincoln Electric Co., defendant-appellant on cross appeal.

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

HASTINGS, Chief Judge.

This long enduring and seemingly never ending litigation was commenced by the filing of a complaint on October 1, 1945. The action was for the infringement of United States Patent No. 2,043,960 issued in 1936 on the application of Jones, et al.

During the ensuing almost twenty years this litigation has been pursued in the United States District Court for the Northern District of Indiana, the...

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