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MERRY MANUFACTURING COMPANY v. BURNS TOOL COMPANY

No. 20103.

335 F.2d 239 (1964)

MERRY MANUFACTURING COMPANY, Appellant, v. BURNS TOOL COMPANY and Economy Auto Stores, Inc., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 11, 1964.

Attorney(s) appearing for the Case

Richard W. Seed, Seattle, Wash., and Hamilton Lokey, Atlanta, Ga., for appellant.

John Gibson Semmes, David H. Semmes, Washington, D. C., and Glover McGhee, Atlanta, Ga., for appellees.

Before TUTTLE, Chief Judge, and BROWN and BELL, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

This is an appeal by the Patentee from a decree holding Claims 1, 2, 7, 8 and 9 of Merry Patent No. 2,614,474 invalid as well as uninfringed and also denying the claim for unfair trade practices. We affirm.

The device involved is a walking, motor-powered tiller by which the soil is turned by tined wheels that afford, together or separately, the traction as well. Claims 1 and 21 relate to a structure...

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