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ALLEN v. W. H. O. ALFALFA MILLING CO.

Nos. 6069, 6070.

272 F.2d 98 (1959)

Clyde ALLEN, Appellant, v. W. H. O. ALFALFA MILLING CO., a Colorado corporation, Appellee. Harry SPAYD, Appellant, v. W. H. O. ALFALFA MILLING CO., a Colorado corporation, Appellee.

United States Court of Appeals Tenth Circuit.

November 10, 1959.

Attorney(s) appearing for the Case

David Berger, Denver, Colo., for appellants.

George F. Barbary, Denver, Colo., for appellee.

Before MURRAH, Chief Judge, and PHILLIPS and PICKETT, Circuit Judges.

MURRAH, Chief Judge.

This appeal involves the proof of the amount of damages in a patent-infringement suit. By stipulation and order in the trial court, it was agreed and adjudged that appellants Clyde Allen and Harry Spayd had infringed Letters Patent 2,650,745, owned by appellee W. H. O. Alfalfa Milling Company, by reproducing the patented "feeder for fodder cutters" in a machine for milling alfalfa hay. Appellee Company is the one-man business organization of Walter...

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