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PATTON v. STONE

No. 12675.

178 F.2d 515 (1949)

PATTON v. STONE.

United States Court of Appeals Fifth Circuit.

December 21, 1949.

Attorney(s) appearing for the Case

J. Preston Swecker, Washington, D. C., Wayne Somerville, Wichita Falls, Tex., for appellant.

S. Austin Wier, Dallas, Tex., Howard E. Moore, Dallas, Tex., Tom D. Matthews, Dallas, Tex., for appellee.

Before HUTCHESON, WALLER, and RUSSELL, Circuit Judges.

HUTCHESON, Circuit Judge.

On Nov. 28, 1939, in cause No. 34, Civil, Albert C. Stone v. J. F. Patton, the United States District Court for the Northern District of Texas, a consent decree was entered, adjudging valid and infringed United States Letters Patent No. 2,092,659, relating to termite shields and enjoining1 the defendant from further infringement.

On June 21, 1948, upon defendant's motion2 for...

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