Appendix for Appellee — Parks-Cramer Co. v. American Monorail Co. (No. 533)

In the

UNITED STATES COURT OF APPEALS -

for the Fourth Circelt owe

No: 7398.

) ’ ———$__

THE AMERICAN MONORAIL COMPANY |

Defendant-A ppellant,

*

PARKS-CRAMER ‘COMPANY

Plainttff-A p pellee

_ APPENDIX FOR THE APPELLEE

TALIAFERRO, GRIER, PARKER & PoE

JosEpH W. GRIER, JR. pe o

SYDNOR THOMPSON

400 Law Building

Charlotte, North Carolina |

Porter, CHITTICK AND RUSSELL

CEpRIC W. Porter |

41 Tremont Street ots

Boston 8, Massachusetts

- Attor ney. s for: ita Appellee —

FILED

7

William B. Grainger © nw ideas

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Robert, H. Brown. 0. Rees. er fe

| Roy -H. ‘Fodd .. Sek SPN ORE eR OTe To OE ROMY ae

Lame WR os ccc... Se

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_DEFE NDANT? S WITNE SSE S :|

| E. Forrest Kulp . Leones eB rer natn Me Mo ee

Robert. C__Sessions— nti... qe HS

Lloyd R. McEachern ........ Rawisatieck Reo at ae on ee

PLAINTIFF'S EXHIBITS

- 1. Early Hodge Cleaner .......: ce ee Oe “Se 55x

3. Lawrenge Cleaner ..2.0...2.:: pene hae ci: 50x

he ‘Octopus” Embodinient of H oltzckiw-Cteaner.- 37x

7. Loon Cleaner E mbodiment of Holtzclaw Cleaner —

ad : et a Se

8. Columns 1 and 2 of Miller and Becker Under

frame Cleaner Patent 2,516,475 of Nmerican - -

MonoRail HTC ROR, OE Oe See Siae 59x

9. Miller and Becker Underframe Cleaner as

Shown in American MénoRail Bulletin ...... 60x

13. Walker ‘Tipe Traveling Cleaner Installed—

Showing Dirty Underframe. ........ Ee Ret - O1x

14. “Elephant” Embodiment of Holtzclaw Cleaner 62x 7

15. Early Embodiment of Holtzclaw © leaner for

care, S| ee annie sit acetates 17 A eau ean. en ss 63x

16. “Elephant” Type Holtzclaw, Cleaner and

_ TABLE OF CONTENTS

“PLAINTIFF'S WITNESSES

‘Operator: eideegadsvhecestsedbcaqagnsiacene sur eekeymdsces piunene can O4x— ~*

No. 7398...

THE AMERICAN MONORAIL COMPANY |

—_—* ppellant, |

_ VS.

_ PARKS-CRAMER COMPANY

Plaintiff-A ppellee

APPENDIX FOR APPELLEE

(tr, 10*) | WILLIAM B. GRAINGER,

called as a witness by and on behalf of the Plaintiff, bee”

first duly sworn, was examined and testified'as follows: -

. Pa \

\ ‘S os

| ©Pprerer’s | Nore—“(tr.—) 3s in saleutta ‘to the Reporters Transcript. -

- They are all set ‘flush left for convenience or — reference, hence may be

off a word or so as to actual beginning. :

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.

ee

= Williams B. Grainger—Direct

S

DIRECT EXAMINATION BY MR. more oe

* * &

9. Wnt. Socwn. onghintiingticlaing a

A. I have-an Engineering Degree from the North Caro-

—~—*fina State College at Raleigh, North Carolina.

| Qo What experience in textile mills have ‘you had? — A.

Upon my graduation in 1939, Iwas employed by Fieldcrest

__. Mills, of Spray and ‘Leaksville, North Carolina, for a

period ‘of approximately five years. Thereafter, I was em-

+ ployed by the Dan River Mills, of Danville; Virginia, for

a period of approximately a year and a half. Upon termina-

(tr. 11). tion of my employment there, I went with the

Parks-Cramer* Company in the latter part ‘of 1945, and. |

have been with. them since.

Q. You.say you are now employed in a : 7

Company? A. Yes sir.

QO. In what capacity ? A: lam employed by them i in a

sales engineering capacity, and I cover the —:* of

South Carolina for them. |

Q. Does it involve the sale of reveling cleaner equip-

ment? <A. Yes sir, it does.

Q. While you were employed i in the mills which you have

mentioned, did you have occasion to becorne per with

traveling — A. Yessir.

eo 2

Q. “Mr. Grainger, will you explain how it is that such

a large portion of the time of a spinning room hand must

be devoted to cleaning? A. Well, in the textile industry,

(tr. 12) in making spun ‘fibers into yarn and subsequently

into woven or knitted fabrics, uncountable billions of small-

hair-like fibers are beat, blown around in machines. They

ware

William 6. Grainger—Direct “Ss ox

. ‘ ™ —F. .

are pulled and: picked out and carded, drawn, drafted,

combed, one ‘pulled over the other, and with so much action

- some of the fibers are broken and these fibers are, some

of them, ‘rather short to start with, some ‘of them only a

quarter of an-inch long, as in the case of cotton, and they |

£et-up to longer lengths of a few inches, such as in the cut

staples of the man-made fibers that are used today.

In the processing of these fibers through all of these,

many machines and departments, some of these fibers es-

~ cape’ from the éontrol of the processing machinery into _

the room atmosphere; and after escaping, they come to

settle upon the machinery, the processing machinery itself,

the work*in. process, the walls, the floors, the ceiling; the

light fixtures, the pipe conduits, heating apparatus in the

room, ducts, if there are any,—every area of the room on

‘which anything can settle, this fiber will settle...

Q. If the existence of that fiber lint was just tomuped,

‘what would be the consequence? A. Ip-a matter of a very

», Short time—days—it would be almost impossible to operate

” the machinery, the spinning. machinery, - some of the

« Other textile machinery. as well.

a a

(tr. 73) « Q. Well now, will you come off the stand and

_ come down and by. reference to Plaintiff’s Exhibit 1, point

out to the Court how this Hodge traveling cleaner worked. -

Gy

x* * *

ft i: €tr. 17) - A: The Hodge type cleaner consisted of*a

_ track, as shown here, over the top of the spinning frame.

This is the spinning frame. This isthe Hodge type cleaner

(CT). It consisted of a sheet metal hood enclosing a fan.

This is the motor of the unit which propelled it through a

4x “ae x William B. Grainger—Direct '

>

‘series of gears and wheels along the track; and on the top

_ extension of the motor shaft was the fan, which generated

the currents of-air that-were directed down over the frame

out of these outlets (0) which you see here: Two on this

| . side, and two on this side of the frame; and one underneath

that blew down in an effort to keep the track clean and also.

- to help keep the lint from accumulating on the top part of

this top creel board (C). 7

The Hodge type. cleaner served: the upper surfaces of

the spinning frame as best it could by directing air currents

downward on either side. Some of the air would strike

the top part of the top creel board. This is the top creel

“board along here (C). Some of the air would strike the |

-. top part of the middle creel board along here (M),-and as ©

it would go down, it» would come in contact with these

surfaces and blow the lint off mechanically. . |

A greater portion of the air struck down behind the roll

area of the frame—this is the roll area along kere (F)—and

there is a simnilar area on the other side of the frame. Upon

striking. behind: there, it came in contact with a solid,

(tr. 18) impenetrable surface across the frame—about.

across here—and running the entire length of the frame.

This bottom surface. consisted of a bottom’ creel board;

some boards on either side of that through. which the

weight hooks would pass, and then the roll beam, as you

can see it out here (D). |

- Those air currents would strike that solid ib dad E |

would be deflected at right angles and pass-out underneath ©

this roll area. There is an opening between the roll beam

here and beneath the roll area here, of, oh, a few inches—

approximately like this (demonstrating )—and it would go

out across there, and in moving across those surfaces,

a .

William B, Grainger—Direct | a ae 5x

would remove some of the lint accumulations from those.’

_ That did a fairly good job on the upper surfaces of the |

~ * frame.

v | ~ ¢- 8

~~ Q. Mr. Grainger, were there some portions of the spin-

ning frame that were not reached by the air currents blown

from the: Hodge type cleaner? A, Yes sir. ;

Q. Would you name and point to each of those’ areas

not reached? A. Areas not reached by the air from the .

(tr. 19) Hodge cleaner. One was this area immediately

under the top creel board and the innermost packages of

roving in the top creel, the topmost part of those, which is

frequently referred to as roving tapers, top tapers (T).

The bottom of this creel board, the middle creel board

here, and the bottom. part underneath it. Those are solid

boards, ‘in most instances. And underneath the bottom

creel board, which: this photograph doesn’t show. It’s in

a position something like this, and. you can-see just the

very—it’s back up under here and very difficult to show

ina photograph, because it’s so hidden by the machine and —

‘the work in Process. |

Also, - there -were ‘dreas below the tnuienstrable—ne I

have described—solid barrier to the passages of air. In

the case of traveling thread boards on the outside, as, shown —

_ along here on the photograph -(B), these traveling thread

boards moved up and down ‘slowly and were at times, and

a good portion of the time, below the level of the roll beam,

so that as: the air was deflected fromi a vertical line of

travel horizontally, it would pass out over the top of this ~

roll beam, which is in this line along here (D), and if the |

_ thread board happened: to be down, depressed in this posi-