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GROEN v. GENERAL FOODS CORPORATION

No. 22059.

402 F.2d 708 (1968)

Rein J. GROEN and William A. Rice, Appellants, v. GENERAL FOODS CORPORATION, Appellee.

United States Court of Appeals Ninth Circuit.

October 4, 1968.

Attorney(s) appearing for the Case

Charles A. Zeller (argued) Stockton, Cal., for appellants.

James M. Naylor (argued) of Naylor & Neal, San Francisco, Cal., for appellee.

Before ELY and CARTER, Circuit Judges, and SMITH, District Judge.

ELY, Circuit Judge:

The appellants, plaintiffs in the court below, sought relief for alleged infringement of their Letters Patent Number 2,950,203. Several alleged infringers were originally joined as defendants, but the appellants dismissed their suit against all except General Foods Corporation, the present appellee.1

The District Court granted the appellee's motion for summary judgment, holding the patent in suit to be invalid...

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