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SWOFFORD v. B & W, INCORPORATED

No. 21024.

336 F.2d 406 (1964)

Marvin K. SWOFFORD, Marion F. Wright, and Pathfinder Oil Tool Co., Appellants, v. B & W, INC., Appellee. B & W, INC., Appellant, v. Marvin K. SWOFFORD, Marion F. Wright, and Pathfinder Oil Tool Co., Appellee.

United States Court of Appeals Fifth Circuit.

July 28, 1964.

Attorney(s) appearing for the Case

Jack W. Hayden, Hayden & Pravel, H. Coke Wilson, Houston, Tex., for Marvin K. Swofford, Marion F. Wright, and Pathfinder Oil Tool Co., appellants.

Tom Arnold, Arnold & Roylance, Houston, Tex., R. Douglas Lyon, Lyon & Lyon, Los Angeles, Cal., of counsel, for appellee.

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

RIVES, Circuit Judge.

These are interlocutory appeals1 by all parties in an action for patent infringement. The appeals concern the propriety of a jury trial in a patent infringement action in light of the Seventh Amendment to the Constitution and Rules 38 and 39(b) of the Federal Rules of Civil Procedure, the propriety of separate trials of the issues of liability and damages under Rule 42(b...

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