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JEFFREY GALION, INC. v. JOY MANUFACTURING COMPANY

Civ. A. No. 68-10-C.

323 F.Supp. 261 (1971)

JEFFREY GALION, INC., Plaintiff, v. JOY MANUFACTURING COMPANY, Defendant.

United States District Court, N. D. West Virginia.

January 28, 1971.

Attorney(s) appearing for the Case

John D. Phillips, Phillips & Holden, Wheeling, W. Va., for plaintiff.

Russell L. Furbee, Furbee, Amos, Webb & Critchfield, Fairmont, W. Va., Rose, Schmidt & Dixon, E. W. Breisch, Pittsburgh, Pa., for defendant.

MEMORANDUM OPINION

MAXWELL, Chief Judge.

Plaintiff, Jeffrey Galion, Inc., an Ohio corporation, complains that defendant, Joy Manufacturing Company, a Pennsylvania corporation, has infringed plaintiff's patent on a coal mining machine sold to and used by Consolidation Coal Company at one of its coal mines located within the Northern Judicial District of West Virginia.

Defendant has moved to dismiss plaintiff...

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