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BECKMAN, INC. v. APPLEBY

No. 9471.

115 F.2d 847 (1940)

BECKMAN, Inc., v. APPLEBY.

Circuit Court of Appeals, Fifth Circuit.

November 29, 1940.

Attorney(s) appearing for the Case

William L. Curtis, of Fort Smith, Ark., for appellant.

P. Preston Swecker, of Washington, D. C., and Ed. M. Whitaker, of Midland, Tex., for appellee.

Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.

HUTCHESON, Circuit Judge.

Suing for a declaratory judgment that a reverse circulation device he used for cleaning out oil wells did not infringe upon the Childs Patent, owned and claimed by appellant, appellee obtained the judgment that he sought. This was based upon findings1 that Claims 1, 2 and 4,2 the only claims at issue, were not infringed and in addition

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