CHORE-TIME EQUIPMENT, INC. v. AUTOMATIC POULTRY FEEDER CO.

No. 4853.

239 F.Supp. 341 (1965)

CHORE-TIME EQUIPMENT, INC. v. AUTOMATIC POULTRY FEEDER CO., Inc. and De Witt Industries, Inc.

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

March 12, 1965.


Attorney(s) appearing for the Case

Uhl, Bryant, Wheeler & Upham, Gordon B. Wheeler and George V. Boucher, Grand Rapids, Mich., of counsel, Pepple, Yoder & Ainlay, Frank E. Yoder, Goshen, Ind., of counsel, Olson, Trexler, Wolters & Bushnell, Richard R. Trexler and Richard Bushnell, Chicago, Ill., of counsel, for plaintiff.

Price & Heneveld, Lloyd A. Heneveld, Grand Rapids, Mich., of counsel, Warner, Norcross & Judd, Charles C. Lundstrom, Grand Rapids, Mich., of counsel, for defendants.


FOX, District Judge.

Defendants have moved for a partial summary judgment under the following set of facts:

Plaintiff holds Patent No. 3,033,163 for a type of automatic poultry feeder. It applied for and received a reissue patent, No. 25,589. The reissue patent is substantially similar to the original patent, with the exception of claims 8, 9 and 10, which are not present in the original patent.

Defendants claim that inasmuch as the present suit concerns...

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