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BURGER TRAIN SYSTEMS, INC. v. BALLARD

Nos. 75-1690 and 75-1691.

552 F.2d 1377 (1977)

BURGER TRAIN SYSTEMS, INC., Plaintiff-Appellant, Cross-Appellee, v. John BALLARD d/b/a Ballard's Dairy Queen, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided April 6, 1977.

As Amended on Denial of Rehearing April 28, 1977.

Attorney(s) appearing for the Case

Robert B. Smith, Bloodworth, Smith & Biscone, Oklahoma City, Okl., for plaintiff-appellant, cross-appellee.

Jerry J. Dunlap, Dunlap, Codding & McCarthy, Oklahoma City, Okl., for defendant-appellee, cross-appellant.

Before HOLLOWAY, McWILLIAMS and DOYLE, Circuit Judges.

PER CURIAM.

In this patent case the plaintiff-appellant seeks a partial reversal of the judgment of the district court. Specifically it seeks reinstatement of a jury award on one of two claims which it had made. The jury awarded $15,000 damages on each of plaintiff's claims. However, the trial court set aside one of the jury verdicts on defendant's motion for judgment n. o. v.

The allegation of the complaint was that Burger Train Systems, Inc. was the owner...

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