Legal Opinion

Black, Sivalls & Bryson, Inc. v. Keystone Steel Fabrication, Inc.

Court of Appeals for the Tenth Circuit

Decided September 20, 1978No. Nos. 76-1886, 76-1887PublishedCited by 26 opinions

1Opinion of the Court

McKAY, Circuit Judge.

At great expense, plaintiff Black, Sivalls & Bryson, Inc. (BS&B) acquired the patent and developed a market for a device designed to uniformly heat certain industrial fluids. The process involves the passage of fluids through tubes which are warmed by superheated air from a burner. The principal design difficulties in this process relate to the optimum tube wall thickness for heat convection and the best method of passing the heat uniformly over the tubes themselves. When defendant Smalling,1 the former head of BS&B’s heater sales group, left BS&B and immediately began to…

2Cases cited22 opinions

  1. Graver Tank & Mfg. Co. v. Linde Air Products Co.Supreme Court of the United States · 1950
  2. Continental Ore Co. v. Union Carbide & Carbon Corp.Supreme Court of the United States · 1962
  3. Brady v. Southern Railway Co.Supreme Court of the United States · 1944
  4. Graver Tank & Mfg. Co. v. Linde Air Products Co.Supreme Court of the United States · 1949
  5. Altvater v. FreemanSupreme Court of the United States · 1943

17 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Gunther Graefenhain and Philip Miller, Cross-Appellees v. Pabst Brewing Company, Cross-AppellantCourt of Appeals for the Seventh Circuit · 1989
  2. Jet Spray Cooler, Inc. v. CramptonMassachusetts Supreme Judicial Court · 1979
  3. Southwest Stainless, LP v. SappingtonCourt of Appeals for the Tenth Circuit · 2009
  4. Byrd's Lawn & Landscaping, Inc. v. SmithCourt of Appeals of North Carolina · 2001
  5. Double Eagle Alloys v. HooperCourt of Appeals for the Tenth Circuit · 2025

21 more not listed; retrieve them via the Exa API.

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