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V & S ICE MACHINE COMPANY v. EASTEX POULTRY COMPANY

No. 24031.

381 F.2d 303 (1967)

V & S ICE MACHINE COMPANY, Inc., Appellant, v. EASTEX POULTRY COMPANY, Inc., et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 24, 1967.

Attorney(s) appearing for the Case

Edward J. Calihan, Jr., and Anna R. Lavin, Chicago, Ill., William Van Dercreek, Dallas, Tex., for appellant.

James C. Wood, Chicago, Ill., James R. Cornelius, Jr., Lufkin, Tex., Lloyd W. Mason, Chicago, Ill., Hofgren, Wegner, Allen, Stellman & McCord, Chicago, Ill., Garrison, Renfrow, Zeleskey, Cornelius & Rogers, Lufkin, Tex., of counsel, for appellees.

Before HUTCHESON, THORNBERRY and GOLDBERG, Circuit Judges.

HUTCHESON, Circuit Judge:

This appeal is from a dismissal by summary judgment of a suit claiming patent infringement. We reverse and remand.

The appellant, V & S Ice Machine Company (V & S), filed suit in the court below against Eastex Poultry Company (Eastex), charging infringement by Eastex of United States Patent #2,659,212 (hereafter Patent 212) and United States Patent # 2,712,734 (hereafter Patent 734). Both patents describe an ice-making machine...

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