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A. J. INDUSTRIES, INC. v. DAYTON STEEL FOUNDRY COMPANY

Nos. 17614, 17615.

394 F.2d 357 (1968)

A. J. INDUSTRIES, INC., Plaintiff-Appellant, v. The DAYTON STEEL FOUNDRY COMPANY, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

May 6, 1968.

Attorney(s) appearing for the Case

James B. Kinzer, Jr., Chicago, Ill., and John W. Melville, Cincinnati, Ohio, for A. J. Industries, Inc., Yungblut, Melville, Strasser & Foster, Cincinnati, Ohio, and George H. Wallace, Chicago, Ill., on the brief.

Jack L. Renner, Akron, Ohio, for The Dayton Steel Foundry Co., Mack D. Cook, II, Hamilton & Cook, Akron, Ohio, J. Robert Donnelly, Iddings, Jeffrey & Donnelly, Dayton, Ohio, on the brief.

Before PHILLIPS, PECK and McCREE, Circuit Judges.

JOHN W. PECK, Circuit Judge.

A. J. Industries, Inc. (herein "plaintiff") brought suit against The Dayton Steel Foundry Company (herein "defendant") for infringement of Ward Patent No. 2,841,414, which plaintiff owned. Defendant denied infringement in its answer and counter-claimed that the patent in suit was invalid. Only two of the twelve claims to the patent, claims 7 and 8, were tried to the District Court which held the...

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