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FOLEY v. SMITH

No. 28079.

421 F.2d 698 (1970)

James P. FOLEY and Foley Industries, Inc., Plaintiffs-Appellants, v. Herman L. SMITH and Max-Smith Co., Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 2, 1970.

Attorney(s) appearing for the Case

Paul L. DeVerter, II, Jefferson D. Giller, Fulbright, Crooker, Freeman, Bates & Jaworski, Houston, Tex., for plaintiffs-appellants.

Paul E. Harris, Andrews, Kurth, Campbell & Jones, Houston, Tex., for defendants-appellees.

Before RIVES, GEWIN and INGRAHAM, Circuit Judges.

PER CURIAM:

Suit was filed in district court by James P. Foley and Foley Industries, Inc. (hereinafter Foley), Plaintiffs-Appellants, versus Herman L. Smith and Max-Smith Co., Inc. (hereinafter Smith), Defendants-Appellees, for infringement of United States Letter Patent No. 2,990,639, described briefly as a telephone number index which fastens underneath standard telephones. On February 29, 1968, a Final Consent Judgment was entered by the district court. On March...

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