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DEE CO. v. SUN OIL CO.

No. 9812.

125 F.2d 63 (1942)

DEE CO. et al. v. SUN OIL CO.

Circuit Court of Appeals, Fifth Circuit.

January 29, 1942.

Attorney(s) appearing for the Case

Harry P. Lawther, of Dallas, Tex., Ford W. Harris, Clarence F. Kiech, Ward D. Foster, and Ford Harris, Jr., all of Los Angeles, Cal., and Royle A. Carter, of San Francisco, Cal., for appellants.

T. L. Foster and Jack A. Schley, both of Dallas, Tex., and Frank S. Busser, of Philadelphia, Pa., for appellee.

Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges.

HOLMES, Circuit Judge.

This is a suit for damages for the alleged infringement of claims 1, 2, 3, 4, 7, 8, 9, 10, and 11 of patent number 1426955, which was granted to Lester Carter in 1922. The court below decided that claims 1, 10, and 11 were invalid, and that the remaining claims were valid but not infringed. Judgment accordingly was entered for the defendant, and this appeal was prosecuted from that portion of the judgment adverse to these appellants. The Dee...

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