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BALLANTYNE INSTRUMENTS & ELECTRONICS, INC. v. WAGNER

Civ. A. No. 2672.

227 F.Supp. 394 (1964)

BALLANTYNE INSTRUMENTS & ELECTRONICS, INC., Plaintiff, v. Chester WAGNER, an individual, and Henny Penny Corporation, Defendants.

United States District Court S. D. Ohio, W. D.

February 14, 1964.

Attorney(s) appearing for the Case

Smith & Schnacke, Dayton, Ohio, and Sheldon W. Witcoff, Chicago, Ill., for plaintiff.

Edmund P. Wood, of Wood, Herron & Evans, Cincinnati, Ohio, for defendants.

WEINMAN, Chief Judge.

In this matter, plaintiff has moved the Court to declare, by summary judgment, that United States Letters Patent No. 2,778,736 is invalid as a matter of law. The Court finds that plaintiff's motion is well taken.

The pleadings and exhibits show that there is no genuine issues as to any of the following material facts: On April 9, 1954, Chester Wagner filed an application for a patent on a method of deep fat cooking foods under pressure...

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