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BROSE v. SEARS, ROEBUCK AND COMPANY

No. 71-1906.

455 F.2d 769 (1972)

Horace B. BROSE, Plaintiff-Appellant-Cross Appellee, v. SEARS, ROEBUCK AND CO., et al., Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

January 28, 1972.

Attorney(s) appearing for the Case

Carl V. Wisner, Jr., Fort Lauderdale, Fla., John Cyril Malloy, Miami, Fla., for plaintiff-appellant-cross-appellee.

G. Franklin Rothwell, Washington, D. C., Peter J. Winders, Tampa, Fla., for defendants-appellees-cross-appellants.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.

The mandate of this court issued on the 12th day of January, 1972, in the within matter is recalled. The opinion of this court dated December 21, 1971, is withdrawn. The following opinion is issued in lieu thereof.

Let the mandate issue forthwith.

PER CURIAM:

In this action for patent infringement, the district court held that the patent was valid but that it had not been infringed by Sears, Roebuck and Company...

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