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AGRASHELL, INC. v. HAMMONS PRODUCTS COMPANY

Nos. 19221, 19227.

413 F.2d 89 (1969)

AGRASHELL, INC., Appellant, v. HAMMONS PRODUCTS COMPANY, Appellee. HAMMONS PRODUCTS COMPANY, Appellant, v. AGRASHELL, INC., Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied September 3, 1969.

Attorney(s) appearing for the Case

Albert C. Johnston, of Keith, Johnston, Isner & Eslinger, New York City, for Agrashell, Inc.; William P. Sanford, of Miller, Fairman, Sanford, Carr & Lowther, Springfield, Mo. and Douglas Stripp, of Watson, Ess, Marshall & Enggas, Kansas City, Mo., on the briefs.

William E. Schuyler, Jr., of Browne, Schuyler & Beveridge, Washington, D. C., for Hammons Products Co.; Jim Zegeer, Washington, D. C., B. H. Clampett, of Daniel, Clampett, Ellis, Ritterhouse & Dalton, Springfield, Mo., and Damon M. Gunn, Washington, D. C., on the briefs.

Before VAN OOSTERHOUT, Chief Judge, and BLACKMUN and LAY, Circuit Judges.

BLACKMUN, Circuit Judge.

On June 10, 1947, United States Patent No. 2,421,806 for an invention entitled "Cleaning Method and Material Therefor" was issued to Turco Products, Inc., assignee, on an application filed April 14, 1944, by Frank R. Perry. The patent here in suit is Re. 23,422, a reissue dated October 23, 1951, of the Perry patent with additional claims. The patent expired June 10, 1964. By assignment the plaintiff, Agrashell, Inc., acquired Turco's interest...

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