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HENSLEY EQUIPMENT COMPANY v. ESCO CORPORATION

No. 20599.

375 F.2d 432 (1967)

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

United States Court of Appeals Ninth Circuit.

March 3, 1967.

Attorney(s) appearing for the Case

Thomas O. Herbert, Flehr & Swain (Flehr, Hohbach, Test, Albritton & Herbert), San Francisco, Cal., for appellant.

Edward J. Ruff, David Van Hoesen, Thelen, Marrin, Johnson & Bridges, San Francisco, Cal., Jerome F. Fallon, Dawson, Tilton, Fallon, Lungmus & Alexander, Chicago, Ill., for appellee.

Before HAMLEY and ELY, Circuit Judges, and MATHES, District Judge.

HAMLEY, Circuit Judge.

Esco Corporation (Esco), owner of Baer Patent No. 2,483,032 (Baer), brought this patent infringement suit against Hensley Equipment Company, Inc. (Hensley), manufacturer and seller of the accused apparatus. The Baer patent is a combination patent describing a mechanical device known in the heavy construction industry as a two-part excavating tooth.

Esco alleged that Hensley had infringed claims 5, 8 and 9 of Baer. Claim 5 describes the...

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