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TANKS, INC. v. REITER INDUSTRIES, INC.

No. 75-1647.

545 F.2d 1276 (1976)

TANKS, INC., Plaintiff-Appellee, v. REITER INDUSTRIES, INC., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided December 8, 1976.

Attorney(s) appearing for the Case

John B. Tittmann, Albuquerque, N. M. (Keleher & McLeod, Albuquerque, N. M., and Edward L. Brown, Jr., Wichita, Kan., on the brief), for plaintiff-appellee.

Jerry W. Mills, Dallas, Tex. (Charles S. Cotropia of Richards, Harris & Medlock, Dallas, Tex., on the brief), for defendant-appellant.

Before McWILLIAMS and BARRETT, Circuit Judges, and STANLEY, Senior District Judge.

McWILLIAMS, Circuit Judge.

This is a patent case. Tanks, Inc., instituted a declaratory judgment action against Reiter Industries, Inc., asking that U. S. Letters Patent No. 3,810,604 issued Reiter be declared invalid. Reiter filed a counterclaim charging Tanks with infringement of claims 6, 7, and 8 of its patent and asking for injunctive relief and damage. Upon trial of the matter the trial court made certain findings of fact and concluded that the patent in question...

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