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DALLAS MACHINE & L. WORKS v. WILLAMETTE-HYSTER CO.

No. 9581.

28 F.Supp. 207 (1939)

DALLAS MACHINE & LOCOMOTIVE WORKS, Inc., v. WILLAMETTE-HYSTER CO. et al.

District Court, D. Oregon.

February 6, 1939.

Attorney(s) appearing for the Case

Theodore J. Geisler, of Portland, Or., for plaintiff.

Austin F. Flegel, Jr., of Portland, Or., and Charles M. Fryer, of San Francisco, Cal., for defendants.

JAMES ALGER FEE, District Judge.

Plaintiff is the assignee of United States Letters Patent No. 1,457,025, issued May 29, 1923, to Carl Gerlinger, and relating to lumber carriers. This is a suit, for infringement thereof by the defendants, limited by bill of particulars to Claim 4 of the patent, which reads:

"Claim 4 is as follows:

"A Lumber Carrier, comprising

"1. A frame;

"2. Load-lifting...

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