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AG PRO, INC. v. SAKRAIDA

No. 29708.

437 F.2d 99 (1971)

AG PRO, INC., Plaintiff-Appellant, v. Bernard A. SAKRAIDA, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 1, 1971.

Attorney(s) appearing for the Case

Kolisch & Hartwell, J. Pierre Kolisch, John W. Stuart, Portland, Or., for plaintiff-appellant; Frank Hunter, Edwards, Belk, Hunter & Kerr, El Paso, Tex., of counsel.

J. F. Hulse, Stephen B. Tatem, Jr., Scott, Hulse, Marshall & Feuille, El Paso, Tex., for defendant-appellee.

Before RIVES and SIMPSON, Circuit Judges, and NICHOLS, Judge of the Court of Claims.

SIMPSON, Circuit Judge:

The issue before us in this patent infringement case is the propriety of the entry of summary judgment by the district court in favor of the defendant-appellee, Bernard A. Sakraida. This summary judgment meets the fate of many others before it. We reverse and remand for further proceedings.

On October 8, 1968, the suit was filed claiming infringement of United States Letters Patent No. 3,223,070, titled "Dairy Establishment". The plaintiff...

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