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RUTH v. EAGLE-PICHER COMPANY

No. 5072.

225 F.2d 572 (1955)

Joseph P. RUTH, sometimes also known as J. P. Ruth, Appellant, v. The EAGLE-PICHER COMPANY, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

July 18, 1955.

Attorney(s) appearing for the Case

Frank C. Lowe, Denver, Colo. (Albert L. Vogl and William F. Reynard, Denver, Colo., on the brief), for appellant.

Edward B. Evans, Cincinnati, Ohio (Edmund P. Wood, Cincinnati, Ohio, and W. A. McGrew, Denver, Colo., on the brief), for appellee.

Before PHILLIPS, Chief Judge, and HUXMAN and PICKETT, Circuit Judges.

PHILLIPS, Chief Judge.

This is an action for patent infringement brought by Ruth against the Eagle-Picher Company in the District of Colorado. Eagle-Picher imposed a motion to dismiss on the ground that while it is authorized to do business in the State of Colorado, it is a corporation organized under the laws of Ohio and had committed no acts of patent infringement within the District of Colorado. The trial court sustained...

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