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THURBER CORPORATION v. FAIRCHILD MOTOR CORPORATION

No. 16938.

269 F.2d 841 (1959)

THURBER CORPORATION, Appellant, v. FAIRCHILD MOTOR CORPORATION and Ford Motor Company, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearings Denied September 30, 1959.

Attorney(s) appearing for the Case

Edmund C. Rogers, Lawrence C. Kingsland, St. Louis, Mo., Malcolm W. Monroe, New Orleans, La., Deutsch, Kerrigan & Stiles, New Orleans, La., Kings-land, Rogers & Ezell, St. Louis, Mo., Eberhard P. Deutsch, Bernard Marcus, New Orleans, La., of counsel, for appellant.

Arthur W. Dickey, Detroit, Mich., Harry McCall, Jr., New Orleans, La., Robert G. Harris, Dearborn, Mich., Chaffe, McCall, Phillips, Burke & Hopkins, New Orleans, La., Cyrus G. Minkler, Harness, Dickey & Pierce, Detroit, Mich., of counsel, for defendants-appellees.

Before JONES, BROWN and WISDOM, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

This is a patent case involving the validity and infringement of five patents relating to automobile transmissions. Thurber complains that his 500 and 253 patents (issued 1936 and 1942) were infringed by the Ford overdrive transmission, and that his 772, 549 and 5501 (issued ten years later) were infringed by the Fordomatic transmission. The jury thought otherwise, verdict and judgment were accordingly entered...

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