McEVOY CO. v. KELLEY

No. 12295.

171 F.2d 837 (1948)

McEVOY CO. v. KELLEY et al.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 8, 1949.


Attorney(s) appearing for the Case

George W. Rice, of Houston, Tex., for appellant.

A. D. Dyess, of Houston, Tex., and Henry L. Fist, of Tulsa, Okl., for appellee.

Before HOLMES, WALLER, and LEE, Circuit Judges.


HOLMES, Circuit Judge.

The appellees are owners of letters patent upon a device, known as Rotary Slip Lifter, and have filed application for a patent covering certain improvements thereon. On July 25, 1945, the appellees granted appellant a license to make, use, and sell the device covered by the patent. The agreement was in writing, and is in the record. It provides for payment to appellees by the appellant of certain minimum royalties.

This suit was filed...

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