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WHITLEY v. ROAD CORP.

No. 77-2965.

624 F.2d 698 (1980)

William P. WHITLEY, Jr. and Southeastern Fabricators, Inc., Plaintiffs-Appellants, v. ROAD CORPORATION d/b/a Hitchhiker Trailers, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 22, 1980.

Attorney(s) appearing for the Case

James E. Tribble, Todd Cowart, Miami, Fla., for plaintiffs-appellants.

Talbot W. Trammell, Miami, Fla., for defendants-appellees.

Before COLEMAN, Chief Judge, FRANK M. JOHNSON, Jr. and POLITZ, Circuit Judges.

POLITZ, Circuit Judge:

William P. Whitley's patent application on February 22, 1974, covering a guide and support mechanism for boat trailers resulted in the grant of Patent number 3,873,130 on March 25, 1975. Southeastern Fabricators included Whitley's design in its 1974 Summer catalog under the trade name "Float-On." This device is a commercial success, thousands have been sold.

In March 1975, appellee Road Corporations's Hitchhiker Trailer division began...

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