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HENSLEY EQUIPMENT COMPANY v. ESCO CORPORATION

No. 23723.

383 F.2d 252 (1967)

HENSLEY EQUIPMENT COMPANY, Inc., Appellant, v. ESCO CORPORATION, Appellee.

United States Court of Appeals Fifth Circuit.

September 15, 1967.

Attorney(s) appearing for the Case

William A. McKenzie, Henry Baer, Dallas, Tex., Thomas O. Herbert, Donald N. MacIntosh, Flehr, Hohbach, Test, Albritton & Herbert, San Francisco, Cal., for appellant.

Hugh L. Steger, Dallas, Tex., Jerome F. Fallon, Chicago, Ill., John K. DeLay, Jr., Storey, Armstrong & Steger, Dallas, Tex., Dawson, Tilton, Fallon, & Lungmus, Chicago, Ill., of counsel, for appellee.

Before BELL, GODBOLD and DYER, Circuit Judges.

GODBOLD, Circuit Judge:

Hensley Equipment Company, Inc., appeals from an adverse decision in a patent infringement action brought by Esco Corporation, assignee of United States Patent No. 2,919,506 (the "'506 patent").1

The suit concerns excavating teeth to be attached to the digging edge of power shovel buckets and similar excavating equipment. Because of the stress and abrasion to which such a digging edge is subject the teeth...

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