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LEMPCO PRODUCTS v. SIMMONS

Civil Action No. 20554.

46 F.Supp. 281 (1942)

LEMPCO PRODUCTS, Inc., et al. v. SIMMONS et al.

District Court, N. D. Ohio, E. D.

June 26, 1942.

Attorney(s) appearing for the Case

Fay Macklin, Golrick, Williams, Chilton & Isler, of Cleveland, Ohio, for plaintiff.

Ralph Kalish, of St. Louis, Mo., and Squire, Sanders & Dempsey, of Cleveland, Ohio, for defendant.

WILKIN, District Judge.

The defendant is charged with infringement of Miller patent No. 1,949,971 for brake gauge adapter. The charge of infringement is based on the sale by defendant of certain combination precision grinders and calipers described in the Barrett patent No. 2,187,962 (Plfs. Ex. 5).

The defense to such charge is two-fold: Non-infringement and invalidity. The answer alleges that the plaintiffs' patent...

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