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DAIRY FOODS INC. v. FARMERS CO-OP. CREAMERY

No. 4-66 Civ. 166.

298 F.Supp. 774 (1969)

DAIRY FOODS INCORPORATED, Plaintiff, v. FARMERS CO-OPERATIVE CREAMERY, Defendant, Weldon Farm Products, Inc., Defendant, Cross-Claimant and Third-Party Plaintiff. WELDON FARM PRODUCTS, INC., Defendant, Cross-Claimant and Third-Party Plaintiff, v. BLAW-KNOX COMPANY, Third-Party Defendant.

United States District Court D. Minnesota. Fourth Division.

April 22, 1969.

Attorney(s) appearing for the Case

Hume, Clement, Hume & Lee, Chicago, Ill., by Henry L. Brinks and James P. Hume, Chicago, Ill., for plaintiff.

Merchant & Gould, Minneapolis, Minn., by John D. Gould and Cecil C. Schmidt, Minneapolis, Minn., for defendant Weldon Farm Products Inc.

NEVILLE, District Judge.

Before the court in this patent infringement suit is a motion to strike an amended counterclaim served and filed by one of the defendants, Weldon Farm Products, Inc. (Weldon).

On November 12, 1968 the defendants moved the court for a summary judgment on the ground, inter alia, that plaintiff's complaint did not allege compliance with 35 U.S.C. § 287 (marking of patented products...

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