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OWATONNA MANUFACTURING COMPANY v. MELROE COMPANY

No. 4-68 Civ. 163.

301 F.Supp. 1296 (1969)

OWATONNA MANUFACTURING COMPANY, Inc., Plaintiff, v. MELROE COMPANY (formerly or also known as Melroe Manufacturing Company) and Cyril N. Keller, Defendants.

United States District Court D. Minnesota, Fourth Division.

July 3, 1969.

Attorney(s) appearing for the Case

Merchant & Gould, by John D. Gould and Paul A. Welter, Minneapolis, Minn., for plaintiff.

Dorsey, Marquart, Windhorst, West & Halladay, by Peter Dorsey and Eugene L. Johnson, Minneapolis, Minn., for Melroe Co.

Williamson, Palmatier & Bains, by Herman H. Bains, Minneapolis, Minn., for Cyril Keller.

MEMORANDUM

NEVILLE, District Judge.

This is a declaratory judgment action involving the questions of validity and alleged infringement of three patents owned by defendants and covering a front-end loader manufactured by defendant Melroe Company under the trade-mark Bobcat.1 The plaintiff manufactures and sells a similar loader under the trademark Mustang. On May 14, 1968 plaintiff filed this complaint seeking a declaration either...

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