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KIM BROS v. HAGLER

No. 16351.

276 F.2d 259 (1960)

KIM BROS., a partnership, Appellant, v. L. A. HAGLER, Appellee.

United States Court of Appeals Ninth Circuit.

March 24, 1960.

Attorney(s) appearing for the Case

Savage & Shepard, Richard L. Shepard, Fresno, Cal., for appellant.

Walch & Griswold, Lyman D. Griswold, Hanford, Cal., Gareth W. Houk, Visalia, Cal., for appellee.

Before BARNES and JERTBERG, Circuit Judges, and BOLDT, District Judge.

BARNES, Circuit Judge.

This action involves the alleged infringement of United States Plant Patent No. 974, 35 U.S.C. §§ 161-164. The court below had jurisdiction. 28 U.S.C. § 1338. It denied the injunctive relief and damages sought. The appeal is properly before this Court. 28 U.S.C. §§ 1291, 1294(1).

The plant patent1 covered a Sun Grand nectarine, the alleged accused fruit is herein referred to as the...

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