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POPCORN-IN-OIL COUNCIL, INC. v. WYNDALL'S SUPER MARKET, INC.

No. 16115.

355 F.2d 372 (1966)

POPCORN-IN-OIL COUNCIL, INC., Plaintiff-Appellant, v. WYNDALL'S SUPER MARKET, INC., Defendant-Appellee, and Hesmer Foods, Inc., Intervener Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

January 5, 1966.

Attorney(s) appearing for the Case

Edmund C. Rogers, St. Louis, Mo. (Kingsland, Rogers, Ezell, Eilers & Robbins, John T. Rogers, St. Louis, Mo., on the brief; J. Ross Cheshire, Nashville, Tenn., of counsel), for appellant.

Wells T. Lovett, Owensboro, Ky., for appellees.

Before EDWARDS, Circuit Judge, and THORNTON and TAYLOR, District Judges.

EDWARDS, Circuit Judge.

In this case the plaintiff-appellant, Popcorn-in-Oil Council, Inc., has sought the aid of the United States Courts, under 35 U.S.C. § 271 and § 281, to restrain infringement of a patent. The original and intervening defendants entered formal denial of infringement and counterclaimed, under 28 U.S.C. § 2201, seeking damages and attacking the validity of the patent.

The patent...

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