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HIMMEL BROS. CO. v. SERRICK CORPORATION

No. 7518.

122 F.2d 740 (1941)

HIMMEL BROS. CO. v. SERRICK CORPORATION.

Circuit Court of Appeals, Seventh Circuit.

September 3, 1941.

Attorney(s) appearing for the Case

George I. Haight and M. K. Hobbs, both of Chicago, Ill., and Arthur M. Hood, W. P. Hahn, and Harold B. Hood, all of Indianapolis, Ind., and Edward A. Haight, of Chicago, Ill., for appellant.

H. A. Toulmin, H. A. Toulmin, Jr., and Rowan A. Greer, all of Dayton, Ohio, and Patrick J. Smith, of Indianapolis, Ind. (Thompson, O'Neal & Smith, of Indianapolis, Ind., and Toulmin & Toulmin, of Dayton, Ohio, of counsel), for plaintiff-appellee.

Before MAJOR and KERNER, Circuit Judges, and LINDLEY, District Judge.

MAJOR, Circuit Judge.

This is an appeal from a decree entered October 11, 1940, adjudging plaintiff's Patent No. 1,984,134 valid and infringed by the defendant. The patent, entitled "Structural Member," applied for January 6, 1934, by Fred Himmel and Isidore Himmel, was issued December 11, 1934, and later assigned by the patentees to the instant plaintiff corporation.

Claim 7 is the only one involved in suit. The defenses are non-invention, non-infringement...

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