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KINNEAR-WEED CORPORATION v. HUMBLE OIL & REFINING COMPANY

No. 16780.

403 F.2d 437 (1968)

KINNEAR-WEED CORPORATION, Petitioner-Appellant, v. HUMBLE OIL & REFINING COMPANY, a Texas Corporation (Now dissolved and merged into Standard Oil Company, a New Jersey Corporation) its successor and/or surviving corporations and its assigns, Respondent-Appellee.

United States Court of Appeals Fifth Circuit.

October 15, 1968.

Attorney(s) appearing for the Case

Fred Parks, Houston, Tex., W. E. Kinnear, Beaumont, Tex., for appellant.

Garrett R. Tucker, Jr., C. O. Ryan, Houston, Tex., for appellee.

Before JOHN R. BROWN, Chief Judge, and WISDOM, GEWIN, THORN-BERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER and MORGAN, Circuit Judges.

JOHN R. BROWN, Chief Judge:

This is an extraordinary petition1 in which Petitioner2 seeks to set aside the judgment of the Trial Court entered in 1956, holding a patent invalid and not infringed. That judgment was affirmed by this Court in 1958, with subsequent modification in 1961.3

The attack on the judgment of4 September 1956 is based upon...

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