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MARVIN GLASS & ASSOCIATES v. SEARS, ROEBUCK AND COMPANY

No. 30840.

448 F.2d 60 (1971)

MARVIN GLASS & ASSOCIATES, Plaintiff-Appellant-Cross Appellee, v. SEARS, ROEBUCK AND COMPANY, Defendant-Appellee-Cross Appellant.

United States Court of Appeals, Fifth Circuit.

September 17, 1971.

Attorney(s) appearing for the Case

Louis T. Pirkey, Tom Arnold, Houston, Tex., James F. Coffee, James R. Sweeney, John R. Hoffman, Hofgren, Wegner, Allen, Stellman & McCord, Chicago, Ill., Arnold, White & Durkee, Houston, Tex., for plaintiff-appellant.

Joseph Jaworski, Houston, Tex., Hamer H. Jamieson, Beverly Hills, Cal., Herzig & Walsh, Albert M. Herzig, Thelma S. Herzig, Beverly Hills, Cal., Bracewell & Patterson, Kenneth R. Wynne, Houston, Tex., for defendant-appellee.

Before O'SULLIVAN, THORNBERRY and DYER, Circuit Judges.

THORNBERRY, Circuit Judge:

This is an appeal by Marvin Glass & Associates from the district court's holding that Glass' patent, No. 3,086,297, has not been infringed by Sears, 318 F.Supp. 1089. Sears cross appeals from the court's holding that the patent is valid. We affirm the finding of non-infringement. It is, therefore, unnecessary to reach the question of validity.

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