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BORG-WARNER CORPORATION v. PARAGON GEAR WORKS, INC.

No. 6491.

355 F.2d 400 (1965)

BORG-WARNER CORPORATION et al., Defendants, Appellants, v. PARAGON GEAR WORKS, INC., Plaintiff, Appellee.

United States Court of Appeals First Circuit.

Decided December 16, 1965.

Attorney(s) appearing for the Case

Edward A. Haight, Chicago, Ill., with whom John W. Hofeldt, Donald W. Banner, Chicago, Ill., Robert W. Meserve, Boston, Mass., Haight, Simmons & Hofeldt, Chicago, Ill., and Nutter, McClennen & Fish, Boston, Mass., were on brief, for appellants.

William, R. Hulbert, Boston, Mass., with whom William W. Rymer and Charles C. Winchester, Boston, Mass., were on brief, for appellee.

Before ALDRICH, Chief Judge, LUMBARD, Chief Judge, and LEWIS, Circuit Judge.

Substituted Opinion of the Court.

ALDRICH, Chief Judge.

This is an action for patent infringement presenting the customary issues, both of which were decided below in plaintiff's favor. We will consider first the issue of infringement.

Plaintiff, Paragon Gear Works, Inc., is the owner of the Seavey pump, Patent No. 2,694,367. Plaintiff and defendant, Borg-Warner Corp., both manufacture hydraulically actuated automatic transmissions for inboard motorboat...

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