. [Records and briefs of the United States Circuit Court of Appeals for the Ninth Circuit]. ight. The first rebuilt improved straddle-type carrier wassold by plaintiff to the Willamette Valley Lumber Com-pany October, 1921 (lb. 192, 193.) But this constructionwas not found practical. The plaintiff then built three more of these carriers;the second and third carrier being completed and soldabout February 1, 1922, to Cobb-Mitchell at Valsetz,Oregon (Tr. 398, 399) and the fourth about April 1,1922. In each of the later carriers the devices control-ling the up-movement of the load were rearranged
. [Records and briefs of the United States Circuit Court of Appeals for the Ninth Circuit]. ight. The first rebuilt improved straddle-type carrier wassold by plaintiff to the Willamette Valley Lumber Com-pany October, 1921 (lb. 192, 193.) But this constructionwas not found practical. The plaintiff then built three more of these carriers;the second and third carrier being completed and soldabout February 1, 1922, to Cobb-Mitchell at Valsetz,Oregon (Tr. 398, 399) and the fourth about April 1,1922. In each of the later carriers the devices control-ling the up-movement of the load were rearranged so asto be operated by the up-movement of the rack bars, injust the same manner as by their down movement (, 198). A drawing of the load-lifting and lowering devicesand automatic control contained in plaintiffs No. 2and 3, and the succeeding 7 carriers is shown by 6 (Tr. 916-A), a copy of which drawing is heregiven. Ha/,J Lever one/ Controlsin Lower/nq FbSVo/? Plaintiffs Exh. 6 ( Tr. 916-A ) Drawings ofload-lifting and lowering mechanism and auto-matic control of plaintiff. Plaintiffs first carrier had only aload-actuated up stop ( Masters Report62 ); then the carriers had up-stop 91 onrack bar. ( ) Up stops 90 and 91 are not shown-onplaintiffs patent drawings, but 90,91and 66 perform the same function in up-ward movement that 65 and 66 perform indownward movement. ( Masters Rep* 63 Gerlinger had the right to use the stopshown for the downward movement upon theupward movement also.(Dis. Ct. After plaintiff built its first 10 carr-iers, the auxiliary load-actuated bar orstop 67 was omitted. ( Tr. 254 )
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