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JOHNSTON FORMATION TESTING CORP. v. HALLIBURTON

No. 7991.

88 F.2d 270 (1937)

JOHNSTON FORMATION TESTING CORPORATION et al. v. HALLIBURTON et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied February 23, 1937.

Attorney(s) appearing for the Case

D. A. Simmons, of Houston, Tex., and J. N. Saye, of Longview, Tex., for appellants.

Leonard S. Lyon and Henry S. Richmond, both of Los Angeles, Cal., and Ben F. Saye, of Duncan, Okl., for appellees.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.

SIBLEY, Circuit Judge.

Erle P. Halliburton and Halliburton Well Cementing Company sued Johnston Formation Testing Corporation and E. C. Johnston for infringement of patent No. 1,930,987, which was applied for by John T. Simmons, alleged inventor, February 10, 1926, but not granted till October 17, 1933. Simmons before applying for the patent assigned an interest to Henderson, but within three months after the application was filed they had assigned first partially...

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