The Mack HMM “Front-Runner” Front Discharge Mixer Chassis

[kscarbel2]

Long before the Mack/Savage FDM700* came into being, Mack Trucks had already been selling a front discharge mixer chassis in the form of the Mack HMM “Front-Runner”.

Produced from 1973 thru 1979, the Mack HMM was a solid product with “pedigreed” engineering. Featuring an ingenious side-tilting cab, the HMM offered unparalleled engine access.

Why didn’t the HMM succeed? At that time, Mack customers were accustomed to and satisfied with rear discharge. And, Mack’s sales network had no direct experience selling mixer bodies. As with other truck brands, Mack dealers typically delivered the chassis to the customer who would facilitate the body purchase and installation on their on. At the most, the Mack dealer might “drop ship” the DM mixer chassis to the body manufacturer for the customer. But with the HMM, the dealer suddenly had to be a mixer body expert in addition spec’ing the truck chassis. So due to the significant learning curve facing the regional and local sales level, and again a lack of interest from the mainstream market that was satisfied with rear discharge, the HMM did not take off.

But the main reason the HMM ended production in 1979 was because of an absurd lawsuit. Mr. J. Jack Willard had patented a front discharge mixer design in 1955, but never did anything further. Then Mr. Royal W. Sims designed a front discharge mixer in 1958, and in 1965 entered into a licensing agreement under the Willard patent that gave him all rights under the Willard patent.

Sims opened a small operation in Salt Lake City, Utah called Rite-Way Inc. and begun building trucks for his own use. The small Utah truck assembly facility eventually evolved into Savage Manufacturing (for a time it was called Savage Rite-Way Corporation).

A group of mid-western ready-mix companies obtained a license from Sims in 1966 to produce front discharge mixers in Fort Wayne, Indiana for their own use (Rite-Way, Inc. of Indiana, a.k.a. Indiana Rite-Way Truck Co., a.k.a. American Rite-Way Truck Sales Inc.). Rite-Way Inc. of Indiana went bankrupt in 1970, and was purchased by Moran Tank Company who went bankrupt in 1974. This operation then evolved into Advance Mixer, which began producing front discharge mixer for public sale. Terex acquired the bankrupt Advance in 2002.

What became a heated contention was that R.W. Sims claimed that he had total control thru his Willard patent over the production and sale of front discharge mixers. Sims had gone on a patenting binge in an attempt to profit from what by 1970 had become an industry standard design.

In the below excerpt outlining the position of Mack Trucks, you can gather insight on the DMM-based platform on which the HMM was designed.

“Sims has advanced no evidence tending to show that his manufacturing processes are unique as opposed to unprotected "general secrets of the trade." Federal law is equally unfavorable to plaintiff since it is clear that his broad claims impermissibly overlap the Willard patent. For these reasons it is extremely doubtful that Sims' manufacturing process is entitled to trade secret protection as a matter of law.”

Mack Trucks does not challenge the trade secret status of Sims' techniques but argues that even if Sims' manufacturing method qualifies as a trade secret, the plaintiff has failed to create a triable issue on Mack's use of his method. In support of its motion Mack has produced the affidavit of Robert W. Steig, its Chief Engineer for Special Vehicles, which states that Mack's front-discharge or "HMM" chassis was derived from another truck chassis manufactured by Mack, the "DMM".

According to Mr. Steig, the general purpose DMM chassis was modified in two, and only two ways to adapt to it front-discharge use: (1) the cab was narrowed to allow load clearance to the right; (2) the front axle was moved 21" forward to shift the load to the rear axles.

Steig also avers that he and another Mack engineer named Vogt developed the HMM chassis independently, without any information supplied by Sims.

Steig and Vogt state Mr. Walter May did not make any technical contribution to the HMM chassis and that they did not learn of May's 1963 visit to Sims' facility until after the commencement of this litigation and long after the HMM was in production.

Sims does not and could not claim as a trade secret the manufacturing process for the conventional DMM. Since the plaintiff does not dispute Steig's account of the derivation of the HMM, his claim is presumably limited to the two modifications required to convert the DMM to a front-discharge chassis. As to these two rather unexceptional changes, Sims must establish some factual basis from which a jury could properly infer that Mack used his methods.

The HMM was an advanced example of Mack engineering. Had the HMM been better promoted resulting in higher sales, the cost of further litigation to resolve the Sims lawsuit would have been justified. Mack won the initial court ruling, that was overturned, and subsequently the lawsuit against Mack was again found to be invalid.

By the 1980s, Sims had lost his grasp on the front discharge mixer concept in court, and manufacturers were able to design and produce trucks with his hindrance.

The HMM was available in both 6x4 and 6x6 versions. The majority of HMMs produced were the all-wheel drive variation, utilizing Mack’s proprietary full-time TC15 transfer case.

Unusual at that time, both tag and pusher axles were available as factory-installed options.

Additional Photographs:

http://www.bigmacktrucks.com/index.php?/topic/31616-never-seen-one-of-these-before/

http://www.bigmacktrucks.com/index.php?/topic/10924-hmm-series/

Further reading on the lawsuit:

http://www.leagle.com/decision/19781657459FSupp1198_11494

http://www.leagle.com/decision/19801080488FSupp592_11001.xml/SIMS%20v.%20MACK%20TRUCK%20CORP.

The lawsuit brings to mind the Mack G model, and the ridiculous concerns by Kenworth over what became industry standard cab design features.

http://www.bigmacktrucks.com/index.php?/topic/837-the-g-model-story/

* https://www.bigmacktrucks.com/topic/34451-the-macksavage-fdm700-front-discharge-mixer/?tab=comments#comment-229321.

 

[james j neiweem]

Seems like they could revive this on the MB chassis.

[bbigrig]

A little ironic...Sims opened Savage in Utah and later Mack would take them over and build the FDM.

[bbigrig]

From a 1976 Canadian Bulldog Magazine. They had one up here for a demo at a concrete association gathering.

[fullfuel01]

I have picture of this truck in our yard. Dad had it for tryout. They never loaded it lol

[Truckfinder]

I have one of these trucks in my backyard. A 1979 run drives and everything but the radio. Side tilting cab was very unique, not too many of these made, only 130. I’m hoping to sell it to someone who will appreciate what it is. Mine is 124 of the 130 produced.

Edited November 18, 2020 by Truckfinder

[autocardc]

9 hours ago, Truckfinder said:

I have one of these trucks in my backyard. A 1979 run drives and everything but the radio. Side tilting cab was very unique, not too many of these made, only 130. I’m hoping to sell it to someone who will appreciate what it is. Mine is 124 of the 130 produced.

If you want I can post these pics on the everything ready mix facebook page, has 2,100 members, and see if anyone is interested in buying the truck.

[Truckfinder]

YES PLEASE, that is most generous! Thank you! I posted a pic of the cab tilted above.

[Bobby Toner1]

18 hours ago, Truckfinder said:

YES PLEASE, that is most generous! Thank you! I posted a pic of the cab tilted above.

Where is the truck located?

[Truckfinder]

Payson Utah