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JOHN DEERE COMPANY OF KANSAS CITY v. GRAHAM

No. 17441.

333 F.2d 529 (1964)

JOHN DEERE COMPANY OF KANSAS CITY, a Corporation, and Deere & Company, a Corporation, Appellants, v. William T. GRAHAM, and Graham Plow, Inc., Appellees.

United States Court of Appeals Eighth Circuit.

Rehearing Denied July 13, 1964.

Attorney(s) appearing for the Case

S. Tom Morris, of Gibson, Ochsner, Harlan, Kinney & Morris, Amarillo, Tex., made argument for appellants and filed brief with Scofield, Kokjer, Scofield & Lowe, Kansas City, Mo.

Orville O. Gold, Kansas City, Mo., made argument for appellees and filed brief with Claude A. Fishburn, Kansas City, Mo.

Before VOGEL, MATTHES and BLACKBURN, Circuit Judges.

MATTHES, Circuit Judge.

This is an action for infringement of Patent No. 2,627,798 (hereinafter sometimes referred to as "Patent No. 798") issued to William T. Graham (plaintiff-appellee) on February 10, 1953, for a "Clamp for Vibrating Shank Plows." Graham Plow, Inc. (plaintiff-appellee) is a licensee under the patent. The trial court found the patent valid and that Claims 1 and 2 of the patent were infringed by defendants John Deere Company of Kansas City and Deere...

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