MILES v. MATTHEWS

No. 12488.

171 F.2d 38 (1948)

MILES et al. v. MATTHEWS et al.

United States Court of Appeals Fifth Circuit.

December 7, 1948.


Attorney(s) appearing for the Case

Cecil L. Wood, of Fort Worth, Tex., for appellants.

Paul Carrington and Carlisle Blalock, both of Dallas, Tex., and A. L. Ely, of Akron, Ohio, for appellees.

Before HUTCHESON, SIBLEY, and McCORD, Circuit Judges.


HUTCHESON, Circuit Judge.

The suit was for patent infringement. The claim was that plaintiffs had a valid patent for an invention for awnings and that defendants had been, and were, infringing thereon.

The defenses were that the plaintiffs' patent was invalid for lack of invention, and that defendants are not infringing.

There was a counter-claim in which defendants alleged that plaintiffs were engaged in a...

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