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FRITZ W. GLITSCH & SONS v. WYATT METAL & BOILER WORKS

No. 15291.

224 F.2d 331 (1955)

FRITZ W. GLITSCH & SONS, Inc., Appellant, v. WYATT METAL & BOILER WORKS, Appellee. WYATT METAL & BOILER WORKS, Appellant, v. FRITZ W. GLITSCH & SONS, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

July 15, 1955.

Attorney(s) appearing for the Case

John A. Dienner, Edward C. Grelle, Chicago, Ill., Joseph H. Schley, Alto B. Cervin, Dallas, Tex., for appellant.

Garrett R. Tucker, Jr., Delmar L. Sroufe, Frank B. Pugsley, Houston, Tex., Ralph W. Malone, Dallas, Tex. (Baker, Botts, Andrews & Shepherd, Houston, Tex., Malone, Lipscomb & Seay, Dallas, Tex., of counsel), for appellee.

Before RIVES, TUTTLE and CAMERON, Circuit Judges.

RIVES, Circuit Judge.

This is a patent appeal and cross-appeal from a judgment of the district court holding appellant's Reissue Patent No. 22,946 for a "Bubble Tower" valid, but not infringed by certain devices manufactured and sold by Wyatt Metal & Boiler Works. Glitsch & Sons, Inc., hereinafter called Glitsch, appeals mainly from the holding of non-infringement, the denial of damages and injunctive relief; while Wyatt Metal & Boiler Works, hereinafter...

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