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P & D SALES & MFG. CO. v. WINTER

No. 14401.

334 F.2d 830 (1964)

P & D SALES & MFG. CO., a division of the Neff and Fry Company, Plaintiff-Appellee, v. Billy B. WINTER and New Holland Machine Company, a division of Sperry Rand Corporation, Defendants-Appellants.

United States Court of Appeals Seventh Circuit.

July 13, 1964.

Attorney(s) appearing for the Case

Thomas F. McWilliams, Edward W. Osann, Jr., John Bundock, Jr., Chicago, Ill., Mann, Brown & McWilliams, Wolfe, Hubbard, Voit & Osann, Chicago, Ill., of counsel, for defendants-appellants.

Kenneth T. Snow, Edward L. Benno, Snow & Benno, Chicago, Ill., for P & D Sales & Mfg. Co., plaintiff-appellee.

Before HASTINGS, Chief Judge, and KNOCH and CASTLE, Circuit Judges.

KNOCH, Circuit Judge.

Plaintiff-appellee, P & D Sales & Mfg. Co., hereinafter called "P & D," brought action in the United States District Court against the defendants-appellants, Billy B. Winter, owner of United States Letters Patent No. 2,940,639, and New Holland Machine Company, hereinafter called "New Holland," his exclusive licensee.

P & D also sought adjudication of non-infringement for the mechanized live stock feeders which it makes...

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