HENSLEY EQUIPMENT COMPANY v. ESCO CORPORATION

No. 23723.

386 F.2d 442 (1967)

HENSLEY EQUIPMENT COMPANY, Inc., Appellant, v. ESCO CORPORATION, Appellee.

United States Court of Appeals Fifth Circuit.

November 17, 1967.


Attorney(s) appearing for the Case

William A. McKenzie, Henry Baer, Dallas, Tex., Thomas O. Herbert, San Francisco, Cal., for appellant.

Hugh L. Steger, Dallas, Tex., Jerome F. Fallon, Chicago, Ill., John K. DeLay, Jr., Dallas, Tex., Storey, Armstrong & Steger, Dallas, Tex., Dawson, Tilton, Fallon & Lungmus, Chicago, Ill., of counsel, for appellee.

Before BELL, GODBOLD and DYER, Circuit Judges.


ON PETITION FOR REHEARING

PER CURIAM:

The Petition for Rehearing of Esco, the appellee, should be granted in part and denied in part.

Esco alleges in its Petition that since the entry of the opinion and judgment of this Court on September 15, 1967, it has purged itself of its patent misuse consisting of violation of the Sherman Act which this Court found it had committed by its contract with Caterpillar Tractor Company. Esco states that on September...

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