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McCULLOUGH v. KAMMERER CORPORATION

No. 11122.

166 F.2d 759 (1948)

McCULLOUGH v. KAMMERER CORPORATION et al. (two cases).

Circuit Court of Appeals, Ninth Circuit.

February 26, 1948.

Attorney(s) appearing for the Case

R. Welton Whann, of Los Angeles, Cal., A. W. Boyken, of San Francisco, Cal., and Robert M. McManigal, of Los Angeles, Cal. (Boyken, Mohler & Beckley and W. Bruce Beckley, all of San Francisco, Cal., of counsel), for appellant.

Frederick S. Lyon, Leonard S. Lyon and Mark Herron, all of Los Angeles, Cal., for appellee.

William C. Dixon and Wallace Howland, Sp. Assts. to Atty. Gen., Julian Caplan, Sp. Atty., of San Francisco, Cal., and John F. Sonnett, Asst. Atty. Gen., for United States of America, amici curiæ.

Before DENMAN, BONE and ORR, Circuit Judges.

DENMAN, Circuit Judge.

McCullough appeals from an interlocutory decree holding that Kammerer Corporation, hereinafter called the patentee, is entitled to damages for McCullough's infringement of patentee's patents for cutting pipe in oil wells and an accounting thereof, and denying McCullough's motion to set aside a prior interlocutory order for the accounting and to dismiss the two complaints (consolidated for trial) brought against him for such infringement by the...

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