BROS INCORPORATED v. DAVIDSON

Nos. 19672, 21012.

330 F.2d 65 (1964)

BROS INCORPORATED, Petitioner, v. T. Whitfield DAVIDSON, United States District Judge for the Northern District of Texas, Respondent. BROS INCORPORATED, Plaintiff, v. W. E. GRACE MANUFACTURING COMPANY and William E. Grace, Defendants.

United States Court of Appeals Fifth Circuit.

March 30, 1964.


Attorney(s) appearing for the Case

Joseph H. Schley, Dallas, Tex., Andrew E. Carlsen, Minneapolis, Minn., for Bros Inc.

Howard E. Moore, Dallas, Tex., Channing L. Richards, Charlotte, N. C., for W. E. Grace Mfg. Co. and William E. Grace.

Before CAMERON, BROWN and WISDOM, Circuit Judges.


PER CURIAM.

This is a petition for writ of mandamus or prohibition. By opinion dated July 3, 1963, this Court affirmed, as modified, a judgment awarding Bros, Inc., Patentee-Petitioner, damages for infringement of its patent. Bros, Inc. v. W. E. Grace Mfg. Co., 5 Cir., 1963, 320 F.2d 594. We also remanded for trial on its merits the Infringer's claim for F.R.Civ.P. 60(b) relief asserting the invalidity of the patent because of prior...

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