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SPEED SHORE CORP. v. DENDA

Nos. 77-3487, 78-1607.

605 F.2d 469 (1979)

SPEED SHORE CORPORATION, Plaintiff-Appellee, v. John DENDA d/b/a Denda Equipment and Supply Company, and Stemar Equipment and Supply Company, Defendants-Appellants. SPEED SHORE CORPORATION, Plaintiff-Appellee, v. WOUDENBERG ENTERPRISES, INC., d/b/a Star-Lite Barricade and Sign Company, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

October 1, 1979.

Attorney(s) appearing for the Case

John A. Propstra, Phoeniz, Ariz., Ronald W. Reagin, Reagin & Braunstein, Robert Fraser, Fraser & Bogucki, Los Angeles, Cal., for defendants-appellants.

B. R. Pravel, Pravel, Wilson & Gambrell, Lester L. Hewitt, Houston, Tex., for plaintiff-appellee.

Before CHOY, ANDERSON and HUG, Circuit Judges.

J. BLAINE ANDERSON, Circuit Judge:

Speed Shore Corporation brought two separate actions—one in California and one in Arizona—for infringement of the Brunton patent.1 In both actions, the defendants admitted infringement if the patent was determined to be valid and not misused. In addition, the parties in each action agreed that whichever one of the cases was tried first would determine the liability in the other. On July...

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