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RUTH v. UTAH CONSTRUCTION & MINING CO.

No. 7899.

344 F.2d 952 (1965)

Joseph P. RUTH, Appellant, v. UTAH CONSTRUCTION & MINING CO., Appellee.

United States Court of Appeals Tenth Circuit.

April 28, 1965.

Attorney(s) appearing for the Case

Joseph P. Ruth, pro se.

David R. Phipps, Denver, Colo. (Welborn, Dufford & Cook and Robert F. Welborn, Denver, Colo., were with him on the brief), for appellee.

Before MURRAH, Chief Judge, and LEWIS and SETH, Circuit Judges.

PER CURIAM.

This appeal, presented by Joseph P. Ruth pro se, seeks to set aside an order of the District Court for the District of Colorado dismissing with prejudice a complaint filed by Ruth wherein he sought damages for an alleged infringement of a patent by appellee-defendant. The order of dismissal was premised upon a stipulation which provided:

"That the Plaintiff herein hereby stipulates that in the event that the finding of invalidity of the patent...

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