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ROSAIRE v. BAROID SALES DIVISION, NATIONAL LEAD CO.

No. 15035.

218 F.2d 72 (1955)

Esme E. ROSAIRE, Appellant, v. BAROID SALES DIVISION, NATIONAL LEAD COMPANY, Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 8, 1955.

Attorney(s) appearing for the Case

Earl Babcock, Duncan, Okl., Lawrence P. Gwin, Houston, Tex., for appellant.

Harry R. Pugh, Jr., New York City, Frank Burruss Pugsley, Houston, Tex., Henry R. Ashton, New York City, Garrett R. Tucker, Jr., Houston, Tex., Baker, Botts, Andrews & Shepherd, Houston, Tex., of counsel, for appellee.

Before HOLMES and TUTTLE, Circuit Judges, and ALLRED, District Judge.

TUTTLE, Circuit Judge.

In this suit for patent infringement there is presented to us for determination the correctness of the judgment of the trial court, based on findings of fact and conclusions of law, holding that the two patents involved in the litigation were invalid and void and that furthermore there had been no infringement by defendant. 120 F.Supp. 20.

The Rosaire and Horvitz patents relate to methods of prospecting...

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