DATAQ, INC. v. TOKHEIM CORP.

Nos. 82-1167, 82-1855.

736 F.2d 601 (1984)

DATAQ, INC., Plaintiff-Appellant/Cross Appellee, v. TOKHEIM CORPORATION, Defendant-Appellee/Cross Appellant.

United States Court of Appeals, Tenth Circuit.

May 30, 1984.


Attorney(s) appearing for the Case

Jerry J. Dunlap of Dunlap & Codding, Oklahoma City, Okl. (Charles A. Codding of Dunlap & Codding, Oklahoma City, Okl., and Pat Malloy of Malloy & Malloy, Inc., Tulsa, Okl., with him on briefs), for plaintiff-appellant/cross appellee.

David A. Lundy of Lundy & Associates, Fort Wayne, Ind. (Elsie Draper of Gable & Gotwals, Tulsa, Okl., with him on briefs), for defendant-appellee/cross appellant.

Before BARRETT, McKAY and LOGAN, Circuit Judges.


McKAY, Circuit Judge.

Plaintiff brought this action alleging breach of contract and patent infringement. After plaintiff presented its evidence to the jury, the trial court directed verdicts in favor of the defendant on both counts. Defendant sought leave to file a motion for costs and attorney's fees. The motion was denied. Plaintiff appeals from a final judgment entered on the directed verdicts and defendant cross-appeals on the attorney's fees issue.

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