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FISH v. AIR-O-FAN PRODUCTS CORPORATION

No. 16793.

285 F.2d 208 (1960)

Richard H. FISH and Evalyn Preston, Appellants, v. AIR-O-FAN PRODUCTS CORPORATION, a Corporation, Appellee. AIR-O-FAN PRODUCTS CORPORATION, a Corporation, Appellant, v. Richard H. FISH and Evalyn Preston, Appellees.

United States Court of Appeals Ninth Circuit.

December 6, 1960.

Attorney(s) appearing for the Case

Naylor & Neal, James M. Naylor, Frank A. Neal, San Francisco, Cal., for appellants.

Huebner & Worrel, Richard M. Worrel, Chalmers Lones, Fresno, Cal., Carl Hoppe, San Francisco, Cal., for appellee.

Before BARNES, JERTBERG and MERRILL, Circuit Judges.

BARNES, Circuit Judge.

Richard H. Fish and Evalyn Preston brought suit in the district court for infringement of a patent issued to Fish on September 4, 1956, No. 2,761,731, covering an agricultural spraying machine. Evalyn Preston is the assignee of a one-half interest in and to the invention and patent. Jurisdiction below rested on 35 U.S.C. § 281 and 28 U.S.C. § 1338. This court has jurisdiction of the appeal...

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