Mechmetals Corp. v. Telex Computer Products, Inc.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

The above-entitled cause came on regularly for trial on June 8, 1981 before the Honorable A. Andrew Hauk, United States District Judge, sitting without a jury, jury having been duly waived.

Plaintiff Mechmetals Corporation appeared by its attorneys of record, Nicholas & Cairns and J. Thomas Cairns, Jr., and Defendant Telex Computer Products, Inc., appeared by its attorneys of record, Mullen & Stabile and Gary D. Stabile.

Said cause having been heard, evidence both oral and documentary having been introduced and the cause having been submitted for decision, the Court being fully advised in the premises now makes the following findings of fact and conclusions of law.

FINDINGS OF FACT

1. Plaintiff Mechmetals Corporation (“Mechmetals”) is a California corporation engaged in the business of manufacturing and selling lightweight metal mechanical parts.

2. Defendant Telex Computer Products, Inc., (“TCP”) is an Oklahoma corporation engaged in the business of manufacturing and selling computer peripheral equipment.

3. In about 1975, Daniel R. O’Neill (“O’Neill”) and Alan Painter (“Painter”) and other persons formed Gulliver Technology…