FAIRCHILD v. POE

No. 17063.

259 F.2d 329 (1958)

Bufkin R. FAIRCHILD, Appellant, v. Jack A. POE, d/b/a Poe Roof Co., Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 27, 1958.


Attorney(s) appearing for the Case

Marion E. Sibley, Miami Beach, Fla., Irving M. Tullar, Washington, D. C., Jack Lawrence King, Miami Beach, Fla., Jack M. Turner, South Miami, Fla., Sibley, Grusmark, Barkdull & King, Miami, Beach, Fla., for appellant.

Robert L. Achor, Miami, Fla., Eaton & Achor, Miami, Fla., for appellee.

Before HUTCHESON, Chief Judge, and TUTTLE and WISDOM, Circuit Judges.


WISDOM, Circuit Judge.

This is a patent infringement suit. The district court found that there was anticipation and public use and sale of the process embodied in the plaintiff's Fairchild Patent No. 2,768,101. The patent was therefore null and void. The court held that the defendant Poe, doing business as Poe Roof Company, was not guilty of an infringement. We affirm the judgment.

The appeal presents the question...

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