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INJECT-O-METER MFG. CO. v. NORTH PLAINS FERTILIZER & C., INC.

No. 29362.

439 F.2d 1138 (1971)

INJECT-O-METER MANUFACTURING COMPANY, Inc., Plaintiff-Appellant, v. NORTH PLAINS FERTILIZER AND CHEMICAL, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 31, 1971.

Attorney(s) appearing for the Case

Elsie Brown Silverman, Ely Silverman, Amarillo, Tex., for appellant.

Hugh T. Lyle, Dumas, Tex., Joe E. Edwards, A. H. Evans, Houston, Tex., for appellee.

Before GEWIN, MORGAN and ADAMS, Circuit Judges.

GEWIN, Circuit Judge.

The subject of this patent appeal is liquid fertilizer. Appellant, Inject-O-Meter Manufacturing Co. (IOM) is the owner1 of patents for an apparatus (U. S. Patent No. 3,326,232, June 30, 1967 hereinafter apparatus 232 patent) and a related process (U.S. Patent No. 3,375,976, April 2, 1968, hereinafter process 976 patent) for injecting liquid fertilizer into a crop irrigation system. (Appendix, figure 1) Appellee, North...

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