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WILLIAMS BIT & TOOL CO. v. CHRISTENSEN DIAMOND PRODUCTS CO.

No. 24772.

399 F.2d 628 (1968)

WILLIAMS BIT & TOOL COMPANY et al., Appellants, v. CHRISTENSEN DIAMOND PRODUCTS COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 12, 1968.

Attorney(s) appearing for the Case

Olin P. McWhirter, Greenville, Tex., Kelley Smith, Tyler, Tex., Louis T. Pirkey, Tom Arnold, Houston, Tex., for appellants.

Oscar A. Mellin, Carlisle M. Moore, San Francisco, Cal., Tom B. Ramey, Jr., Tyler, Tex., Bernard Kriegel, Los Angeles, Cal., for appellee.

Before MARIS, THORNBERRY and AINSWORTH, Circuit Judges.

MARIS, Circuit Judge:

The plaintiff Williams Bit & Tool Company, licensed exclusively to manufacture a diamond drill bit patented under United States Letters Patent No. 2,953,354, and the plaintiffs Edward B. Williams III, Joseph W. Williams and David B. Williams, owners of the patent by assignment from the inventor Edward B. Williams Jr., appeal from a judgment entered in the District Court for the Eastern District of Texas holding that claim 5 of the patent...

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