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  5. 584 F.2d 946 (1978)
 

BLACK, SIVALLS & BRYSON, INC. v. KEYSTONE STEEL FAB.

Nos. 76-1886, 76-1887.

584 F.2d 946 (1978)

BLACK, SIVALLS & BRYSON, INC., a corporation, Plaintiff-Appellant, v. KEYSTONE STEEL FABRICATION, INC., a corporation, Smalling Engineering & Equipment Co., a corporation, and Charles E. Smalling, an Individual, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided September 20, 1978.

Rehearing Denied November 6, 1978.

Attorney(s) appearing for the Case

Douglas E. Olson and Robert C. Weiss (on the brief), of Lyon & Lyon, Los Angeles, Cal., for appellant.

Carter H. Kokjer and Richard R. Johnson (on the brief), of Lowe, Kokjer, Kircher, Wharton & Bowman, Kansas City, Mo., and Keith McMillin (on the brief), of Kornfield, McMillin, Phillips & Upp, Oklahoma City, Okl., for appellees.

Before SETH, Chief Judge, and LEWIS and McKAY, Circuit Judges.

McKAY, Circuit Judge.

At great expense, plaintiff Black, Sivalls & Bryson, Inc. (BS&B) acquired the patent and developed a market for a device designed to uniformly heat certain industrial fluids. The process involves the passage of fluids through tubes which are warmed by superheated air from a burner. The principal design difficulties in this process relate to the optimum tube wall thickness for heat convection and the best method of passing the heat uniformly...

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