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SEISMOGRAPH SERVICE CORPORATION v. OFFSHORE RAYDIST

Nos. 16067, 16924.

263 F.2d 5 (1958)

SEISMOGRAPH SERVICE CORPORATION, Appellant, v. OFFSHORE RAYDIST, Inc., and Hastings Instrument Company, Inc., Appellees (two cases). OFFSHORE RAYDIST, Inc., and Hastings Instrument Company, Inc., Cross-Appellants, v. SEISMOGRAPH SERVICE CORPORATION, Cross-Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 9, 1958.

Opinion On Petition for Rehearing February 3, 1959.

Second Petition for Rehearing Denied April 22, 1959.

Attorney(s) appearing for the Case

Joseph Lumpkin Hull, Jr., Tulsa, Okl., Richard D. Mason, M. Hudson Rathburn, Chicago, Ill., for plaintiff-appellant, Mason, Kolehmainen, Rathburn & Wyss, Chicago, Ill., Monroe & Lemann, Malcolm L. Monroe, Walter J. Suthon, Jr., New Orleans, La., of counsel.

John E. Hurley, New Orleans, La., for Offshore Raydist, Inc. and Hastings Instrument Co., Inc., appellees and cross-appellants, John W. Malley, Allen Kirkpatrick, Cushman, Darby & Cushman, Washington, D. C., of counsel.

Before RIVES, JONES and BROWN, Circuit Judges.

RIVES, Circuit Judge.

Seismograph Service Corporation and Honore (who is not a party to these appeals) sought to enjoin Offshore Raydist Company and its privies from infringing the Honore Patent, 2,148,267, and the Hawkins Patent, 2,513,316. The Hastings Instrument Company, Inc. was brought in as a third-party defendant, and filed a cross action against Seismograph. After extensive pre-trial proceedings and depositions and a trial lasting more than half a month, followed...

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