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NATIONAL ELECTRIC SIGNAL CO. v. CITY OF WACO, TEX.

No. 8262.

94 F.2d 942 (1938)

NATIONAL ELECTRIC SIGNAL CO. v. CITY OF WACO, TEX.

Circuit Court of Appeals, Fifth Circuit.

March 21, 1938.

Attorney(s) appearing for the Case

Jesse R. Stone and Lester B. Clark, both of Houston, Tex., for appellant.

S. J. Brooks, of San Antonio, Tex., and Henry R. Ashton, of New York City, for respondent.

Before FOSTER, SIBLEY, and HOLMES, Circuit Judges.

PER CURIAM.

This is a motion by appellee to recall the mandate heretofore issued and specifically pass upon the findings of facts and conclusions of law of the District Court, which held claims 5 and 6 of Garrett patent, No. 1,743,965, invalid.

The question presented for decision was whether the patent had been infringed. The defense was on the grounds that the patent was invalid and the patented device was not in...

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