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GERNER v. MOOG INDUSTRIES, INC.

No. 18525.

383 F.2d 56 (1967)

Theodore C. GERNER, Appellant, v. MOOG INDUSTRIES, INC., Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied November 6, 1967.

Attorney(s) appearing for the Case

Harvey B. Jacobson, Jr., Washington, D. C. (C. Perry Bascom, of Bryan, Cave, McPheeters & McRoberts, St. Louis, Mo., David C. Johnston and David C. Johnston, Jr., Oklahoma City, Okla., and Robert F. Davis, and Harvey B. Jacobson, Washington, D. C., on the brief), for appellant.

Frederick M. Woodruff, St. Louis, Mo. (Joseph J. Gravely, of Gravely, Lieder & Woodruff, and Malcolm I. Frank and Bernard Mellitz, St. Louis, Mo., on the brief), for appellee.

Before BLACKMUN, MEHAFFY and GIBSON, Circuit Judges.

MEHAFFY, Circuit Judge.

The sole issue for determination upon this appeal is the validity of United States Patent No. 3,044,798 which issued to Theodore C. Gerner on July 17, 1962. Gerner, a citizen and resident of Oklahoma, brought suit against Moog Industries, Inc., a Missouri corporation, alleging infringement of the patent. Moog denied infringement and additionally set up as a defense the invalidity of the patent.

The District Court in an opinion published...

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