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AGRASHELL, INC. v. HAMMONS PRODUCTS COMPANY

No. 17972.

352 F.2d 443 (1965)

AGRASHELL, INC., Appellant, v. HAMMONS PRODUCTS COMPANY, Appellee.

United States Court of Appeals Eighth Circuit.

November 9, 1965.

Attorney(s) appearing for the Case

Albert C. Johnston, of Keith, Johnston, Isner & Des Marais, New York City, made argument for appellant and filed brief with Sam F. Hamra, Jr., of Miller, Fairman, Sanford, Carr & Lowther, Springfield, Mo.

B. H. Clampett, Springfield, Mo., made argument for appellee and filed brief with Martin E. Hogan, Jr., Washington, D. C.

Before VAN OOSTERHOUT and MEHAFFY, Circuit Judges, and VAN PELT, District Judge.

VAN OOSTERHOUT, Circuit Judge.

This is an appeal by the plaintiff Agrashell, Inc., from final order sustaining defendant Hammons Products Company's motion for summary judgment and dismissing plaintiff's complaint for patent infringement.

Plaintiff, in its complaint filed August 7, 1963, claimed to be an assignee of United States Letters Patent No. Re. 23,422 covering "Cleaning Method and Material Therefor" by virtue of a document entitled "Exclusive License...

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