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FREY v. FRANKEL

Nos. 45-70, 46-70.

443 F.2d 1240 (1971)

L. E. FREY, Appellee and Cross-Appellant, v. Gerald FRANKEL and Duo-Bed Corporation, a Corporation, Appellants and Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

June 11, 1971.

Attorney(s) appearing for the Case

Robert Martin, Wichita, Kan. (William L. Oliver, Jr., Martin, Porter, Pringle, Schell & Fair, Wichita, Kan., on the brief), for appellee and cross-appellant.

George C. Spradling, Wichita, Kan. (Jerry D. Bogle, and Lilleston, Spradling, Gott, Stallwitz & Hope, Wichita, Kan., of counsel, on the brief), for appellants and cross-appellees.

Before LEWIS, Chief Judge, and BREITENSTEIN and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

This is the second time this controversy has been before this court. See Frey v. Frankel, 361 F.2d 437 (10th Cir.) for general background information. However, some reference to the state of the pleadings is necessary in order to place the present controversy in focus.

L. E. Frey, an inventor who was president and majority stockholder in the so-called old Duo-Bed Corporation, made claim...

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