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McCULLOUGH TOOL COMPANY v. WELL SURVEYS, INC.

Nos. 9426, 9427.

395 F.2d 230 (1968)

McCULLOUGH TOOL COMPANY, Appellant, v. WELL SURVEYS, INC. (now by change of name Dresser Sie, Inc.), and Dresser Industries, Inc., Appellees. McCULLOUGH TOOL COMPANY, Appellant, v. DRESSER INDUSTRIES, Inc., Appellee.

United States Court of Appeals Tenth Circuit.

May 16, 1968.

Attorney(s) appearing for the Case

R. Welton Whann, Los Angeles, Cal. (Richard B. McDermott, Tulsa, Okl., on the brief) for appellant.

Robert K. Schumacher, Chicago, Ill., and Rufus S. Day, Jr., Cleveland, Ohio (Robert J. Woolsey, Tulsa, Okl., on the brief) for appellees.

Before MURRAH, Chief Judge, and BREITENSTEIN and HILL, Circuit Judges.

HILL, Circuit Judge.

This is an appeal by McCullough Tool Company, hereinafter called McCullough, from summary judgment rendered against it below in the combined civil actions Nos. 4271 and 6467. A long history of litigation between the two parties to this suit exists and the present appeal is substantially a continuation of that litigation.

Civil Action 4271 was an infringement action brought by Well Surveys, Inc., hereinafter called W.S.I.

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