WALKER v. GENERAL MOTORS CORPORATION

No. 19242.

362 F.2d 56 (1966)

Brooks WALKER, Appellant, v. GENERAL MOTORS CORPORATION and Les Vogel Chevrolet Company, Appellees.

United States Court of Appeals Ninth Circuit.

April 19, 1966.


Attorney(s) appearing for the Case

A. Donham Owen, Roger W. Erickson, San Francisco, Cal., for appellant.

Jas. M. Naylor, Frank A. Neal, San Francisco, Cal., for appellees.

Before MADDEN, Judge of the Court of Claims, and KOELSCH and BROWNING, Circuit Judges.


BROWNING, Circuit Judge.

In an action for damages for patent infringement the district court granted defendants' motion for summary judgment and held plaintiff's Patent No. 2,131,306 invalid. Plaintiff appeals.

Federal Rule 56 permits a court to terminate patent litigation by summary judgment [Fromberg, Inc. v. Gross Mfg. Co., 328 F.2d 803, 805 (9th Cir. 1964)], although the occasion for using this procedure in such cases...

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