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EVANS v. McDONNELL AIRCRAFT CORPORATION

No. 18990.

395 F.2d 359 (1968)

Robley D. EVANS and Elmer Robinson, Appellants, v. McDONNELL AIRCRAFT CORPORATION, Appellee.

United States Court of Appeals Eighth Circuit.

June 7, 1968.

Attorney(s) appearing for the Case

Robert H. Rines of Rines & Rines, Boston, Mass., for appellants; David Rines, Boston, Mass., and Harold C. Gaebe, Jr., and James L. Nouss of Thompson, Walther & Shewmaker, St. Louis, Mo., on the brief.

William G. Bruns of Gravely, Lieder & Woodruff, St. Louis, Mo., for appellee; Joseph J. Gravely, St. Louis, Mo., on the brief.

Before MATTHES, MEHAFFY and LAY, Circuit Judges.

PER CURIAM.

Appellants, plaintiffs below, appeal from an order of the District Court granting appellee's motion to dismiss under Rule 12(b) (6), Fed.R.Civ.P., for failure to state a claim upon which relief can be granted.

Appellants brought suit against the McDonnell Aircraft Corporation (McDonnell) under 35 U.S.C. § 271 for infringement of patent No. 2,378,328 during the period November 23, 1960 to June 12, 1962. Appellants' patent involves the use of...

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