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AMERICAN MACHINE & HYDRAULICS, INC. v. MERCER

Nos. 75-3452, 75-3467 and 75-3547.

585 F.2d 404 (1978)

AMERICAN MACHINE & HYDRAULICS, INC., Appellee, v. Floyd W. MERCER, d/b/a Wholesale Brake Supply, Appellant. AMERICAN MACHINE & HYDRAULICS, INC., Appellant, v. Floyd W. MERCER, d/b/a Wholesale Brake Supply, Appellee. Floyd W. MERCER, Appellant, v. ARP SALES, INC., a California Corporation, Appellee.

United States Court of Appeals, Ninth Circuit.

November 2, 1978.

Attorney(s) appearing for the Case

John E. Kelly, of Pastoriza & Kelly, Santa Monica, Cal., for appellant-cross appellee.

Vergil L. Gerard, Fresno, Cal., for appellee-cross appellant.

Before ELY and HUFSTEDLER, Circuit Judges, and MUECKE, District Judge.

PER CURIAM:

The appellants attack the District Court's summary judgment, holding the patent in suit to be invalid.1

The District Court denied the appellee's motion for summary judgment filed by the appellee, a motion by which the appellee sought to recover attorney's fees, and the appellee has cross-appealed from that ruling. We find no merit, either in the appeal or the cross-appeal.

The District Court's determination...

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