U.S. Court of Appeals for the Third Circuit, 1928

Allis-Chalmers Manufacturing Co. v. Kennedy

Allis-Chalmers Manufacturing Co. v. Kennedy
U.S. Court of Appeals for the Third Circuit · Decided April 30, 1928 · Buffington
25 F.2d 1017; 1928 U.S. App. LEXIS 3117 (Federal Reporter, Second Series)

Allis-Chalmers Manufacturing Co. v. Kennedy

Opinion of the Court

BUFFINGTON, Circuit Judge.

In the court below Kennedy, the owner of patent No. 1,436,338, granted November 21, 1922, to Charles L. Carman for a crusher, charged the Allis-Chalmers Company with infringement thereof in a gyratory stone crusher of its make. In a comprehensive opinion that court held the patent valid and infringed. On appeal from a decree so holding we find ourselves in entire accord with that opinion, only adding that we find Carman’s device increased output as much as four to one, and avoided the wear, tear, and rapid depreciation incident to the use of prior crushers.

In view of the full and satisfactory discussion the questions in the ease have already had at the hands of the court below, we limit ourselves to now stating the decree is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.