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MOORE v. SHULTZ

No. 72-1845.

491 F.2d 294 (1974)

Elton M. MOORE, Appellant, v. Walt SHULTZ, d/b/a Walt Shultz Equipment Company, and McGraw-Edison Company, Appellees.

United States Court of Appeals, Tenth Circuit.

Decided January 23, 1974.

Rehearing Denied March 13, 1974.

Attorney(s) appearing for the Case

William S. Dorman, Tulsa, Okl. (James R. Eagleton, Tulsa, Okl., of counsel, with him on the brief), for appellant.

Jerry J. Dunlap, of Dunlap, Laney, Hessin & Dougherty, Oklahoma City, Okl. (Charles F. Lind and Charles A. Prudell, Elgin, Ill., of counsel, with him on the brief), for appellees.

Before SETH and HOLLOWAY, Circuit Judges, and LARAMORE, Senior Judge, United States Court of Claims.

SETH, Circuit Judge (By reassignment from Holloway, Circuit Judge).

This is an action for an injunction and damages for infringement of plaintiff's patent. Defendant, McGraw-Edison Company, manufactures the allegedly infringing machine, and defendant, Walt Shultz, sells it.

Defendants deny infringement, and raise the defenses of invalidity of plaintiff's patent and of laches.

The case was submitted to the jury on ten interrogatories covering plaintiff...

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