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ZILK v. DEATON'S FOUNTAIN SERVICE

No. 21194.

377 F.2d 545 (1967)

Carl S. ZILK et al., Appellants, v. DEATON'S FOUNTAIN SERVICE et al., Appellees.

United States Court of Appeals Ninth Circuit.

April 19, 1967.

Attorney(s) appearing for the Case

Carl Hoppe, James F. Mitchell, San Francsico, Cal., for appellants.

James M. Naylor, Karl A. Limbach, Naylor & Neal, San Francisco, Cal., for appellees; Joseph B. Sparkman, Portland, Or., Hannon & Hannon, Castro Valley, Cal., Derham, Kiernan & Commons, San Francisco, Cal., of counsel.

Before JERTBERG and BROWNING, Circuit Judges, and TAYLOR, District Judge.

PER CURIAM:

The district court held invalid Patent No. 2,887,250 issued to Carl Zilk on May 19, 1959, and entered a judgment to that effect on appellees' motion, notwithstanding a jury verdict to the contrary. As we read the opinion of the district court, it applied the standard of Brady v. Southern R. R., 320 U.S. 476, 479-480, 64 S.Ct. 232, 88 L.Ed. 239 (1943), that "When the evidence is such that without weighing the credibility...

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