DEERE & COMPANY v. HESSTON CORPORATION

No. 29768.

440 F.2d 904 (1971)

DEERE & COMPANY, Plaintiff-Appellant, v. HESSTON CORPORATION, Hesston of Texas, Inc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied and Rehearing Denied April 13, 1971.


Attorney(s) appearing for the Case

Marvin S. Sloman, Dallas, Tex., Dugald S. McDougall, Theodore R. Scott, Chicago, Ill., for plaintiff-appellant.

Richard R. Lee, Jr., Dallas, Tex., Speir, Stroberg & Sizemore, Newton, Kan., Gordon D. Schmidt, Kansas City, Mo., for defendants-appellees.

Before JONES, BELL, and SIMPSON, Circuit Judges.


Rehearing Denied and Rehearing En Banc Denied April 13, 1971.

BELL, Circuit Judge:

This appeal arises out of litigation over a patent. Deere & Company brought an action against defendants charging infringement of Claims 15, 16, 18 and 19 of its patent (U.S. Letters Patent No. 3,397,522 entitled "Cotton Harvester"). By way of a counterclaim defendants sought a declaratory judgment that the claims in suit were invalid. Infringement was subsequently admitted...

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