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RESEARCH CORPORATION v. ASGROW SEED COMPANY

No. 18333.

425 F.2d 1059 (1970)

RESEARCH CORPORATION, Plaintiff-Appellee, v. ASGROW SEED COMPANY, Asgrow Seed Company International, Asgrow Kilgore Company and United Hagie Hybrids, Inc., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

May 5, 1970.

Attorney(s) appearing for the Case

Walther E. Wyss, Chicago, Ill., for appellants.

Clyde F. William, Robert L. Harmon, Chicago, Ill., for appellee.

Before SWYGERT, Chief Judge and KILEY and KERNER, Circuit Judges.

PER CURIAM.

This is an appeal by defendants, Asgrow Seed Company, Asgrow Seed Company International, Asgrow Kilgore Company, and United Hagie Hybrids, Inc., from a consent judgment of patent validity and infringement rendered in favor of plaintiff, Research Corporation. Research has moved to dismiss the appeal on the ground that defendants, as members of a class under Fed.R.Civ.P. 23, have no right to appeal. After consideration of the record and the briefs of both...

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