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EISENMAN CHEMICAL CO. v. NL INDUSTRIES, INC.

No. CV-R-81-201-ECR.

595 F.Supp. 141 (1984)

EISENMAN CHEMICAL COMPANY, a Colorado corporation, plaintiff, v. NL INDUSTRIES, INC., a New Jersey corporation; and The 25 Corporation, Inc., a Kansas corporation, defendants; The 25 CORPORATION, INC., a Kansas corporation, [counterclaim filed 5/28/82]; and NL Industries, Inc., a New Jersey corporation, [counterclaim filed 6/3/82]; Counterclaim Plaintiffs, v. EISENMAN CHEMICAL COMPANY, a Colorado corporation, Marvel-Jenkins Ranches, a Nevada co-partnership, The Estate of Louise M. Marvel, Richard T. Marvel, Mary O. Marvel, Thomas J. Marvel, Rosita P. Marvel, John W. Marvel and Wilburta S. Marvel, in their individual capacities, and as partners in Marvel-Jenkins Ranches; Marvel Minerals, a Nevada co-partnership; Marsha M. Grant, Richard J. Marvel, Thomas P. Marvel, Susan M. Barnes, Michael G. Marvel, Sally M. Holman, Joseph C. Marvel, Peter J. Marvel, Amy L. Marvel, Sharon M. Andreasen, John E. Marvel and Michelle M. Slagel, in their individual capacities, in their capacities as Trustees, and in their capacities as partners in Marvel Minerals, Counterclaim Defendants.

United States District Court, D. Nevada.

July 30, 1984.

Attorney(s) appearing for the Case

David R. Hoy, Hoy & Miller, Chartered, Reno, Nev., John C. Miller, Elko, Nev., F. Alan Fletcher, E. Scott Savage and Samuel O. Gaufin of VanCott, Bagley, Cornwall & McCarthy, Salt Lake City, Utah, for plaintiff.

John E. Marvel, Elko, Nev., for Marvel Group.

Earl M. Hill, Frank Cassas of Hill, Cassas, deLipkau & Erwin, Reno, Nev., and Richard L. Bond, Stephen B. Camhi, and James R. Kahn, New York City, for NL Industries, Inc.

E. Pierre Gezelin, Reno, Nev., and Stephen Alfers, Neil Peck, Gale Miller, David K. Isom, and Gail L. Wurtzler of Davis, Graham & Stubbs, Denver, Colo., for The 25 Corporation.

MEMORANDUM DECISION AND ORDER

EDWARD C. REED, Jr., District Judge.

NL Industries, Inc. (NL) has moved for a partial summary judgment, as to liability but not as to damages, on its First Counterclaim against Eisenman Chemical Company (Eisenman). That Counterclaim alleges that Eisenman infringed the copyright on NL's Baroid Phase II Manual, which has been used by NL as a training manual in instructional courses on the application and use of drilling muds....

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