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SWOFFORD v. B & W, INC.

No. 23861.

395 F.2d 362 (1968)

Marvin K. SWOFFORD, Marion F. Wright and Essex Corporation, d/b/a the Pathfinder Company, Appellants, v. B & W, INC., Appellee. B & W, INC., Appellant, v. Marvin K. SWOFFORD, Marion F. Wright and Essex Corporation, d/b/a the Pathfinder Company, Appellees.

United States Court of Appeals Fifth Circuit.

May 22, 1968

Attorney(s) appearing for the Case

Jack W. Hayden, Coke Wilson, Hayden, Pravel, Wilson & Matthews, Carlos A. Torres, Houston, Tex., for plaintiffs-appellees.

Tom Arnold, Houston, Tex., R. Douglas Lyon, Lyon & Lyon, Conrad R. Solum, Jr., Los Angeles, Cal., Arnold, Roylance, Kruger & Durkee, Houston, Tex., for defendant-appellant.

Before WISDOM and GOLDBERG, Circuit Judges, and SEALS, District Judge.

WISDOM, Circuit Judge:

The plaintiffs (for convenience collectively referred to here as Swofford) brought this patent infringement action in March 1961 against B & W, Inc.1 The district court denied B & W's motion to strike Swofford's jury demand. On an interlocutory appeal we affirmed the action of the district court and held that Swofford was entitled to a jury trial on the issues of validity and infringement. Swofford v. B ...

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