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ZERO MANUFACTURING CO. v. MISSISSIPPI MILK PRO. ASS'N

No. 21624.

358 F.2d 853 (1966)

ZERO MANUFACTURING COMPANY, Inc., Appellant, v. MISSISSIPPI MILK PRODUCERS ASSOCIATION, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 2, 1966.

Attorney(s) appearing for the Case

Penrose Lucas Albright, Washington, D. C., James Leon Young, Jackson, Miss., Robert F. Davis, Washington, D. C., for appellant.

Edmund C. Rogers, John T. Rogers, St. Louis, Mo., W. E. McIntyre, Jr., Brandon, Miss., Kingsland, Rogers, Ezell, Eilers & Robbins, St. Louis, Mo., for appellee.

Before WISDOM and COLEMAN, Circuit Judges, and DAWKINS, District Judge.

DAWKINS, District Judge:

This action was brought by Zero Manufacturing Company, Inc., under 35 U.S.C. §§ 271, 281 alleging the infringement of two patents1 by Mississippi Milk Producers Association, a Mississippi cooperative which sold and installed milking equipment, manufactured in large part by the Paul Mueller Company, who undertook its defense.

The District Court found both patents to be invalid under 35 U.S.C. ...

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