TEXSTEAM CORPORATION v. BLANCHARD

No. 22080.

352 F.2d 983 (1965)

TEXSTEAM CORPORATION and Otto Schoenfeld, d/b/a Texsteam Company, Appellants, v. Alva G. BLANCHARD, d/b/a Inferno Company, Appellee. Alva G. BLANCHARD, d/b/a Inferno Company, Appellant, v. TEXSTEAM CORPORATION and Otto Schoenfeld, d/b/a Texsteam Company, Appellees.

United States Court of Appeals Fifth Circuit.

November 30, 1965.


Attorney(s) appearing for the Case

A. H. Evans, J. V. Martin, Ned L. Conley, M. H. Gay, Joe H. Reynolds, Houston, Tex., Vinson, Elkins, Weems & Searls, Butler, Binion, Rice & Cook, Houston, Tex., of counsel.

Jack W. Hayden, Coke Wilson, Hayden & Pravel, Houston, Tex., for appellee.

Before BROWN and COLEMAN, Circuit Judges, and MORGAN, District Judge.


COLEMAN, Circuit Judge:

On August 27, 1940, Mr. Alva G. Blanchard was issued Patent 2,212,997 for a top outlet steam safety valve. The patent expired August 26, 1957. In 1956, suit was brought for alleged infringement and for damages in consequence thereof. Eight years elapsed before there was a trial on the merits.

It must be said, however, in a complimentary vein, that when the litigants finally came to the battleground they energetically fought all over...

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