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BALLANTYNE INSTRUMENTS & ELECTRONICS, INC. v. WAGNER

No. 15871.

345 F.2d 671 (1965)

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

United States Court of Appeals Sixth Circuit.

May 13, 1965.

Attorney(s) appearing for the Case

James S. Hight, Cincinnati, Ohio, for appellants. Thurman A. Herron, Cincinnati, Ohio, on the brief.

Sheldon W. Witcoff, Chicago, Ill., for appellee, Max Wall, Washington, D. C., Stanley A. Freedman, Smith & Schnacke, Dayton, Ohio, of counsel.

Before WEICK, Chief Judge, PHILLIPS, Circuit Judge, and ARTHUR M. SMITH, Associate Judge.

SMITH, Associate Judge.

Plaintiff-appellee brought an action for declaratory judgment seeking to have Wagner U.S. Patent No. 2,778,7361 declared invalid. In this action, plaintiff-appellee brought a motion for summary judgment which was granted by an order of the District Court which states:

"The Court finds that each claim of the patent in suit is anticipated by the method for frying chicken in deep fat as disclosed in Quantity...

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