McCULLOUGH TOOL COMPANY v. WELL SURVEYS, INC.

Nos. 6952-6956.

343 F.2d 381 (1965)

McCULLOUGH TOOL COMPANY, Robert W. Pringle, Kenneth I. Roulston, George M. Brownell and Philip W. Martin, Appellants, v. WELL SURVEYS, INC., and Dresser Industries, Inc., a Corporation, Appellees. McCULLOUGH TOOL COMPANY, Appellant, v. WELL SURVEYS, INC., Appellee. WELL SURVEYS, INC., and Dresser Industries, Inc., Appellants, v. McCULLOUGH TOOL COMPANY, Robert W. Pringle, Kenneth I. Roulston, George M. Brownell and Philip W. Martin, Appellees (two cases). WELL SURVEYS, INC., Appellant, v. McCULLOUGH TOOL COMPANY, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied April 20, 1965.


Attorney(s) appearing for the Case

R. Welton Whann, Los Angeles, Cal., Richard B. McDermott, Tulsa, Okl., and Edwin A. Oser, Los Angeles, Cal. (Robert M. McManigal and James E. Harrington, Los Angeles, Cal., on the briefs), for McCullough Tool Co., Robert W. Pringle, Kenneth I. Roulston, George M. Brownell and Philip W. Martin.

Robert W. Fulwider, Los Angeles, Cal., and Rufus S. Day, Jr., Cleveland, Ohio (Farmer, Woolsey, Flippo & Bailey, Tulsa, Okl., Fulwider, Patton, Rieber & Utecht, Los Angeles, Cal., McAfee, Hanning, Newcomer, Hazlett & Wheeler, Cleveland, Ohio, Anderson, Luedeka, Fitch, Even & Tabin, Chicago, Ill., on the briefs), for Well Surveys, Inc., and Dresser Industries, Inc.

Before MURRAH, Chief Judge, BREITENSTEIN and HILL, Circuit Judges.


HILL, Circuit Judge.

The appeals and cross-appeals in these consolidated cases involve the validity, infringement and misuse, together with the purge of such misuse, of three patents1 owned by Well Surveys, Inc. (hereinafter referred to as WSI), and the validity and infringement of one patent2 owned by Robert W. Pringle, Kenneth I. Roulston, George M. Brownell and Philip W. Martin, which is subject to an exclusive...

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