Wayne v. Texas Co.

Fifth Circuit Court of Appeals

Decided June 3, 1949.

Rehearing Denied July 20, 1949.

Fifth Circuit Court of Appeals · decided 1949-06-03

2 counsel of record

Relies on Wayne v. Humble Oil & Refining Co.

Decided 1949-06-03

¶1John H. Bruninga, St. Louis, Mo., Dewey F. Fagerburg, Richard L. Johnston, Chicago, 111., Paul A. Smith, Houston Texas, for appellants.

¶2Brady Cole, Garrett R.' Tucker, Jr., Houston, Texas, H. Stanley Mansfield, New York City, Raymond F. Adams, New York City, for appellee.

¶3 *235Before HUTCHESON, SIBLEY, and WALLER, Circuit Judges.

¶4SIBLEY, Circuit Judge.

¶5This case was heard below with Wayne, et al. v. Humble Oil & Refining Company, 5 Cir., 175 F.2d 230, this day decided. It involves only the first patent therein considered as to which the evidence is substantially the same. For the reasons given in the case above cited we hold that patent to be void. The judgment dismissing the suit is

¶6Affirmed.