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ARMSTRONG NURSERIES, INC. v. SMITH

Civ. A. Nos. 2362-2366.

170 F.Supp. 519 (1958)

ARMSTRONG NURSERIES, INC., a Corporation, Plaintiff, v. Andrew C. SMITH and J. L. Dyess, Defendants. ARMSTRONG NURSERIES, INC., a Corporation, Plaintiff, v. Marvin Dewitt HOOD and J. L. Dyess, Defendants. CONARD-PYLE COMPANY, a Corporation, Plaintiff, v. Andrew C. SMITH and J. L. Dyess, Defendants. JACKSON & PERKINS COMPANY, a Corporation, Plaintiff, v. Andrew C. SMITH, and J. L. Dyess, Defendants. JACKSON & PERKINS COMPANY, a Corporation, Plaintiff, v. Marvin Dewitt HOOD and J. L. Dyess, Defendants.

United States District Court E. D. Texas, Tyler Division.

June 24, 1958.

Attorney(s) appearing for the Case

Fred Hull and Henry Schwartz, Tyler, Tex., for plaintiffs.

Will D. Pace, Tex., for defendant Dyess.

SHEEHY, Chief Judge.

The above entitled actions having been consolidated for trial came on regularly for trial before the Court without a jury and testimony having been offered and the Court having been duly advised in the premises, now makes and files the following findings of fact and conclusions of law:

Findings of Fact

I.

On February 25, 1941, United States Plant Patent No. 455 was duly and legally issued to plaintiff, Armstrong Nurseries...

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