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HALLIBURTON COMPANY v. DOW CHEMICAL COMPANY

No. 74-1343.

514 F.2d 377 (1975)

HALLIBURTON COMPANY, Plaintiff-Appellee, v. The DOW CHEMICAL COMPANY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided April 28, 1975.

Attorney(s) appearing for the Case

James E. Cockfield, Washington, D. C. (Joseph R. Magnone, Burns, Doane, Swecker & Mathis, Washington, D. C., John H. Tregoning, Duncan, Okl., and John M. Imel, Tulsa, Okl., on the brief), for plaintiff-appellee.

Dugald S. McDougall, Chicago, Ill. (Robert H. Harry, Donald E. Phillipson, Denver, Colo., R. James Unruh, Tulsa, Okl. and Bernd W. Sandt, Midland, Mich., on the brief), for defendant-appellant.

Before BREITENSTEIN, McWILLIAMS and DOYLE, Circuit Judges.

BREITENSTEIN, Circuit Judge.

This is a declaratory judgment action by plaintiff-appellee Halliburton Company claiming invalidity and noninfringement of U. S. Patent No. 2,959,555 owned by defendant-appellant Dow Chemical Company. Dow counterclaimed for infringement. After trial to the court, the patent was declared invalid and Halliburton was awarded attorneys' fees. Dow appeals.

At issue is a chemical cleaning process to remove scale deposits in large boilers...

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