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EZEE STONE CUTTER MFG. CO. v. SOUTHWEST INDUS. PROD.

Nos. 15991, 15992.

262 F.2d 183 (1958)

EZEE STONE CUTTER MANUFACTURING COMPANY, a corporation, and Bo Gann and James Willis, Appellants, v. SOUTHWEST INDUSTRIAL PRODUCTS, Inc., Appellee. SOUTHWEST INDUSTRIAL PRODUCTS, Inc., Appellant, v. EZEE STONE CUTTER MANUFACTURING COMPANY, a corporation, et al., Appellees.

United States Court of Appeals Eighth Circuit.

Rehearing Denied January 21, 1959.

Attorney(s) appearing for the Case

LeRoy Powers, Oklahoma City, Okl., and Claude A. Fishburn, Kansas City, Mo. (P. H. Hardin, Hardin, Barton, Hardin & Garner, Fort Smith, Ark., and Delmer L. Stagner, Oklahoma City, Okl., were with them on the brief), for Southwest Industrial Products, Inc.

A. Yates Dowell, Jr., Washington, D. C. (A. Yates Dowell, Washington, D. C., and Jack Rose, Fort Smith, Ark., were with him on the brief), for Ezee Stone Cutter Manufacturing Co. and others.

Before GARDNER, Chief Judge, and VOGEL and MATTHES, Circuit Judges.

VOGEL, Circuit Judge.

These are cross appeals arising under the patent laws of the United States.

Southwest Industrial Products, Inc., hereinafter referred to as plaintiff, is the appellee in appeal No. 15,991 and the appellant in appeal No. 15,992. Ezee Stone Cutter Manufacturing Company, et al., hereinafter referred to as defendants, are appellants in appeal No. 15,991 and appellees in appeal No. 15,992.

In the trial court plaintiff charged infringement...

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