GOODWALL CONST. CO., INC. v. BEERS CONST. CO.

Civ. A. No. C79-1774A.

503 F.Supp. 153 (1980)

GOODWALL CONSTRUCTION COMPANY, INC. and Howard P. Gooden, Plaintiffs, v. BEERS CONSTRUCTION COMPANY and Southern Bell Telephone and Telegraph Company, Defendants.

United States District Court, N. D. Georgia, Atlanta Division.

December 1, 1980.


Attorney(s) appearing for the Case

David M. Ostfeld, Ned L. Conley, Butler, Binion, Rice, Cook & Knapp, Houston, Tex., John L. Taylor, Jr. and Otto F. Feil, III, McDaniel, Seigler, Chorey & Taylor, Atlanta, Ga., for plaintiffs.

Matthew H. Patton, Kilpatrick & Cody, Atlanta, Ga., for Southern Bell Tel. & Tel.

Patrick F. Henry, Atlanta, Ga., for Beers Const.


ORDER

ROBERT H. HALL, District Judge.

Now before the court is a motion filed October 14, 1980, by defendant Beers Construction Company for an order compelling plaintiff to pursue reissue of the patent in suit. Having reviewed the motion and the opposition thereto, the court DENIES the motion.

The patent in suit is U. S. Patent No. 4,149,513 issued April 17, 1979, to plaintiff Howard P. Gooden for a "Deep Texture Hammer" which describes a method for...

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