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TSC INDUSTRIES, INC. v. INTERNATIONAL HARVESTER COMPANY

No. 16571.

406 F.2d 53 (1968)

TSC INDUSTRIES, INC., a corporation, Plaintiff-Appellant, v. INTERNATIONAL HARVESTER COMPANY, a corporation, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied March 3, 1963.

Attorney(s) appearing for the Case

Thomas E. Dorn, Wallace, Kinzer & Dorn, Theodore W. Anderson, Jr., Pendleton, Neuman, Seibold & Williams, Chicago, Ill., for plaintiff-appellant.

Howard W. Clement, Melvin F. Jager, Hume, Clement, Hume & Lee, Chicago, Ill., for defendant-appellee; Noel A. Artman, John J. Kowalik, Chicago, of counsel.

Before CASTLE, Chief Judge, DUFFY, Senior Circuit Judge and HASTINGS, Circuit Judge.

Rehearing En Banc Denied March 3, 1963.

DUFFY, Senior Circuit Judge.

This suit was initiated as a declaratory judgment action stemming from defendant's charge that plaintiff was in-infringing Walker United States Patent No. 2,729,930 by reconstructing and selling spent doffers.

A mechanized cotton picking machine is large in size and is of considerable complexity. It contains, among other parts, a combination of rotating, elongated picking spindles...

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