SPEE-FLO MANUFACTURING CORP. v. BRANIFF AIRWAYS, INC.

No. 27718.

430 F.2d 74 (1970)

The SPEE-FLO MANUFACTURING CORPORATION, Plaintiff-Appellee-Cross Appellant, v. BRANIFF AIRWAYS, INCORPORATED and Southwest Air Equipment, Incorporated, Defendants-Appellants-Cross Appellees.

United States Court of Appeals, Fifth Circuit.

July 23, 1970.


Attorney(s) appearing for the Case

Howard E. Moore, W. B. West, III, Walter J. Jagmin, Clark, West, Keller, Sanders & Ginsberg, Dallas, Tex., for defendants-appellants cross-appellees.

Harold F. McNenny, Cleveland, Ohio, Edward C. Hutcheson, Houston, Tex., Richard R. Lee, Jr., Dallas, Tex., McNenny, Farrington, Pearne & Gordon, Cleveland, Ohio, Ritchie, Ritchie & Crosland, Dallas, Tex., for plaintiff-appellee cross-appellant.

Before WISDOM, AINSWORTH and CLARK, Circuit Judges.


CLARK, Circuit Judge:

In this patent case we are confronted with the usual multiplicity of contentions by both sides which basically can be reduced to the loser's hope that if we review the evidence that was before the district court we will somehow come up with a different conclusion and defeat will change to victory. The hope is usually faint because of its basic fallacy that we retry cases. We do not — we only review them. And patent cases are no exception...

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