Electrofilm, Inc. v. Everlube Corporation of America, A. R. Booker and K. Taylor

This is an appeal from a judgment wherein it is held that:

Specifications of error numbered 1, 2, and 3 have to do with the receiving in evidence of certain exhibits (47d, 47e and 47f, 40 g and 40f), and the receiving in evidence testimony of Morris Brown with respect to exhibits 47d, 47e and 47f.

We are of the opinion that the Trial Judge was fully justified in admitting in evidence the exhibits mentioned in specifications of error numbered 1 and 2 and in admitting the evidence of Morris Brown, so that he might have as complete a record as possible from which to determine the issues presented. Business Records Act, 28 U.S.C. § 1732 , as amended 1951. Olender v. United States, 9 Cir., 1956, 237 F.2d 859 ; Lisansky v. United States, 4 Cir., 1929, 31 F.2d 846 , 67 A.L.R. 67 .

Specifications of error numbered 4 to 10 inclusive are fully covered by the Trial Court’s opinion reported in D.C., 154 F.Supp. 788, which we adopt and make a part of this opinion.

To that opinion we would add only that “Hall” named in the opinion (first paragraph at page 791 of 154 F.Supp.) but otherwise unidentified, is R. D. Hall, the asserted inventor and assignor to Electro-film Inc., a corporation, of…