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KIVA CORPORATION v. BAKER OIL TOOLS, INC.

No. 26733.

412 F.2d 546 (1969)

KIVA CORPORATION, Plaintiff-Appellee, v. BAKER OIL TOOLS, INC., Defendant-Appellant.

United States Court of Appeals Fifth Circuit.

May 29, 1969.

Attorney(s) appearing for the Case

Frank Gibson, Humphrey, Gibson & Darden, Wichita Falls, Tex., Oscar A. Mellin, Carlisle M. Moore, Mellin, Hanscom & Hursh, San Francisco, Cal., for appellant.

Milburn E. Nutt, Nelson, Montgomery & Robertson, Wichita Falls, Tex., Jerry J. Dunlap, Dunlap, Laney, Hessin & Dougherty, Oklahoma City, Okl., for appellee.

Before COLEMAN and GODBOLD, Circuit Judges, and SCOTT, District Judge.

COLEMAN, Circuit Judge:

In the District Court judgment was entered, pursuant to the verdict of a jury, declaring invalid Baker Oil Tool Patents No. 2,799,346 ('346) and No. 2,806,532 ('532) relating to certain oil well tools known as "retrievable bridge plugs". We affirm.

Kiva Corporation, plaintiff below and appellee here, sought a declaratory judgment that the two patents were invalid, or if valid not infringed by Kiva. Baker answered and counterclaimed...

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