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CONTINENTAL OIL CO. v. COLE

No. 78-1961.

634 F.2d 188 (1981)

CONTINENTAL OIL COMPANY, Plaintiff-Appellant, Cross-Appellee, v. Jimmy R. COLE, d/b/a Jim R. Cole & Associates and Cole Development Co. Inc., Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied February 12, 1981.

Attorney(s) appearing for the Case

C. Frederick Levdig, John W. Kozak, H. Michael Hartmann, Chicago, Ill., Frank B. Pugsley, G. Bryon Jamison, Houston, Tex., for plaintiff-appellant, cross-appellee.

Pravel, Wilson & Gambrell, Albert B. Kimball, Jr., B. R. Pravel, Houston, Tex., for defendants-appellees, cross-appellants.

Before RUBIN and POLITZ, Circuit Judges, and SMITH, United States District Judge.

Rehearing and Rehearing En Banc Denied February 12, 1981.

POLITZ, Circuit Judge:

Continental Oil Company (Conoco) appeals the determination by the trial court that its patent for a seismic cable depth-controlling paravane is not infringed by a device patented by Jimmy R. Cole. Cole cross-appeals, challenging the validity of Conoco's patent. We disagree with the trial judge and conclude that Cole's device infringes...

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