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PHILLIPS PETROLEUM CO. v. SID RICHARDSON CARBON & GAS. CO.

No. 27095.

416 F.2d 10 (1969)

PHILLIPS PETROLEUM COMPANY, Plaintiff-Appellant, v. SID RICHARDSON CARBON & GASOLINE COMPANY et al., Defendants-Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 9, 1970.

Attorney(s) appearing for the Case

Sidney Neuman, James R. Dowdall, Michael O. Warnecke, Chicago, Ill., Ardell M. Young, Fort Worth, Tex., J. Arthur Young, Bartlesville, Okl., for plaintiff-appellant; Brown, Herman, Scott, Young & Dean, Fort Worth, Tex., L. Malcolm Oberlin, Bartlesville, Okl., of counsel.

Bruce Tittel, Cincinnati, Ohio, Walter H. Schneider, Houston, Tex., Rufus S. Garrett, Jr., Fort Worth, Tex., for defendants-appellees.

Before WISDOM and CARSWELL, Circuit Judges, and ROBERTS, District Judge.

ROBERTS, District Judge:

On October 29, 1962, Phillips Petroleum Company filed this patent infringement suit, alleging that Richardson was infringing one claim of a Phillips process patent for the production of carbon black. Following exhaustive pre-trial discovery, the parties proceeded to a lengthy trial before the court, during which the judge even visited carbon black plants owned by the respective litigants. The district court held no infringement. Finding no...

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