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SOUTHERN IMPLEMENT MFG. CO. v. McLEMORE

No. 21458.

350 F.2d 244 (1965)

SOUTHERN IMPLEMENT MFG. CO., Inc. and George Partin, Appellants, v. Price C. McLEMORE, Appellee.

United States Court of Appeals Fifth Circuit.

August 16, 1965.

Attorney(s) appearing for the Case

J. J. Breland, Sumner, Miss., Theodore R. Scott, Chicago, Ill., Breland & Whitten, Sumner, Miss., James P. Ryther, Chicago, Ill., for appellants.

Hugh P. Carter, Birmingham, Ala., Jack F. Dunbar, Clarksdale, Miss., Jennings, Carter & Thompson, Birmingham, Ala., Talbot, Sullivan & Dunbar, Clarksdale, Miss., of counsel, for appellee.

Before JONES and BROWN, Circuit Judges, and SHEEHY, District Judge.

JOHN R. BROWN, Circuit Judge:

Appealing from a decree sustaining the validity and infringement of patents 3281 and 353,2 the Infringers3 make two principal attacks. The first charges double patenting, the second prior public use or sale. We reject both and affirm.

The art involved is that of cultivation of growing plants, notably cotton, and other row crops by means of an...

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