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GUIBERSON CORPORATION v. EQUIPMENT ENGINEERS

No. 16428.

252 F.2d 431 (1958)

The GUIBERSON CORPORATION, Appellant and Cross-Appellee, v. EQUIPMENT ENGINEERS, Inc., Appellee and Cross-Appellant.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 1, 1958.

Attorney(s) appearing for the Case

S. Austin Wier, Dallas, Tex., Turner, Rodgers, Winn, Scurlock & Terry, Howard E. Moore, George S. Terry, Dallas, Tex. Nathaniel Ely, Dallas, Tex., of counsel, for appellant.

Wentworth T. Durant, Joseph H. Schley, Peter A. Schley, Dallas, Tex., for appellee.

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

HUTCHESON, Chief Judge.

Coming up on an appeal and a so-called cross-appeal by defendant, what is in question here is the correctness of a judgment in a patent infringement suit,1 which, finding the patent valid but not infringed, denied plaintiff's plea for injunction and damages and dismissed the suit.

Plaintiff, moving to dismiss the cross-appeal as belatedly filed, insists that the...

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