STALLMAN v. CASEY BEARING COMPANY

No. 15328.

244 F.2d 905 (1957)

Ralph F. STALLMAN, Appellant, v. CASEY BEARING COMPANY, Inc., a corporation, and T. W. Crosby, Appellees.

United States Court of Appeals Ninth Circuit.

May 31, 1957.


Attorney(s) appearing for the Case

George B. White, Albert D. Elledge, San Francisco, Cal., for appellant.

Naylor & Neal, James M. Naylor, Frank A. Neal, San Francisco, Cal., Mueller & Aichele, Foorman L. Mueller, Chicago, Ill., for appellees.

Before STEPHENS, CHAMBERS and BARNES, Circuit Judges.


BARNES, Circuit Judge.

Appellant Stallman sued for damages for infringement of his United States Patent No. 2,334,227. On the trial, with a jury, a verdict was rendered in favor of appellant, finding Claims 3, 4, 5 and 9 valid and infringed. Defendant moved pursuant to Rule 50(b) of the Rules of Civil Procedure, 28 U.S.C.A. for judgment notwithstanding the verdict. The District Court granted this motion upon the ground the patent was invalid.

In so doing,...

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