INGLETT & COMPANY v. EVERGLADES FERTILIZER COMPANY

No. 16555.

255 F.2d 342 (1958)

INGLETT & COMPANY, Inc., Appellant, v. EVERGLADES FERTILIZER COMPANY, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

May 7, 1958.


Attorney(s) appearing for the Case

Richard Spencer, Stamford, Conn., Charles O. Andrews, Jr., Orlando, Fla., Blair & Spencer, Stamford, Conn., of counsel, for appellant.

Philip Dressler, Ft. Lauderdale, Fla., Percy Freeman, New York City, Samuel J. Stoll, Jamaica, N. Y., for appellee.

Before CAMERON, JONES and BROWN, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

The sole question here is whether the District Court could properly enter summary judgment for the defendant and against the Patentee presumably on the ground that there was no genuine dispute on the facts showing anticipation by the prior art. We emphasize this at the outset because, while here and there, the opinion may take the turn of one disposing of an appeal on the merits of a patent infringement suit, our inquiry and our analysis...

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