THOMSON MACHINERY COMPANY v. LAROSE

Civ. A. No. 7222.

197 F.Supp. 636 (1961)

THOMSON MACHINERY COMPANY, Plaintiff v. Royal J. LAROSE, Edward P. Clause and Larose-Clause Company, Inc., Defendants and Third-Party Plaintiffs v. Byron C. THOMSON, Estival Aysen, Roland Clement, Ruby Thibodaux and Victor Wintz, Third-Party Defendants.

United States District Court E. D. Louisiana, New Orleans Division.

September 19, 1961.


Attorney(s) appearing for the Case

Harvey Peltier, Donald L. Peltier, Thibodaux, La., Keith, Bolger, Isner & Byrne, W. D. Keith, New York City, Wilkinson, Mawhinney & Theibault, A. Robert Theibault, Washington, D. C., for plaintiff and for Byron C. Thomson, third-party defendant.

Deramee & Deramee, Edmond L. Deramee, Thibodaux, La., Garvey & Garvey, Bernard F. Garvey, Diggins & LeBlanc, Bartholomew A. Diggins, Washington, D. C., for defendants and third-party plaintiffs.

Robert D. Morvant, Thibodaux, La., for Estival Aysen, Roland Clement and Ruby Thibodaux, third-party defendants.

Borron, Owen, Borron & Delahaye, Paul G. Borron, Jr., Baton Rouge, La., for Victor Wintz, third-party defendant.


J. SKELLY WRIGHT, District Judge.

In this declaratory judgment1 action plaintiff, Thomson Machinery Company of Thibodaux, Louisiana, asks to have declared invalid and non-infringed two patents relating to the harvesting of sugar cane. Since substantially all of the sugar cane grown in this country comes from a few parishes in south Louisiana, these patents operate in a very narrow compass and...

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