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WESTERN LIGHTING, INC. v. SMOOT-HOLMAN COMPANY

No. 19725.

381 F.2d 355 (1966)

WESTERN LIGHTING, INC., a corporation, Appellant, v. SMOOT-HOLMAN COMPANY, a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied January 25, 1967.

Attorney(s) appearing for the Case

Edward C. Walsh, Robert Ashen, of Herzig, Walsh & Blackham, Beverly Hills, Cal., for appellant.

Ford Harris, Jr., Charles E. Wills, of Harris, Kiech, Russell & Kern, Los Angeles, Cal., for appellee.

Before DUNIWAY and ELY, Circuit Judges, and CRAIG, District Judge.

CRAIG, District Judge.

This case is one based upon patent infringement. The District Court had jurisdiction pursuant to Title 28, U.S.C., Section 1338(a). This Court has jurisdiction on appeal pursuant to Title 28, U.S.C., Section 1292(a) (4).

Sometime in 1950 Gale F. Thomas, a graduate engineer in the employ of appellee, Smoot-Holman Company, conceived a unique idea for the construction of certain lighting fixtures. In September of 1954, Thomas made a rough...

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