FREEMAN, District Judge.
This case is before the court on defendant's motion for summary judgment. The action is based on a "Second Amended Complaint," hereinafter referred to as "complaint," filed by the plaintiff on October 9, 1958, and a counterclaim by the defendant filed on November 26, 1958. The complaint, in essence, alleges infringement of plaintiff's U. S. Plant Patent 625 relating to a certain navel orange tree producing oranges designated as "Dream Navels...
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