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V & S ICE MACHINE COMPANY v. EASTEX POULTRY COMPANY

No. 29516.

437 F.2d 422 (1971)

V & S ICE MACHINE COMPANY, Inc., Plaintiff-Appellant, v. EASTEX POULTRY COMPANY, Inc., Defendant-Appellee, North Star Ice Equipment Company, Intervenor-Appellee.

United States Court of Appeals, Fifth Circuit.

January 15, 1971.

Attorney(s) appearing for the Case

William VanDercreek, Tallahassee, Fla., Anna R. Lavin, Chicago, Ill., Tom B. Ramey, Jr., Tyler, Tex., Ronald L. Clower, Clower & Stanford, Dallas, Tex., for plaintiff-appellant.

James R. Cornelius, Jr., Lufkin, Tex., for Eastex Poultry Co., Inc.

James C. Wood, Lloyd W. Mason, Chicago, Ill., for North Star Ice Equipment Co.; Hofgren, Wegner, Allen, Stellman & McCord, Chicago, Ill., Renfrow, Zeleskey, Cornelius, Rogers & Berry, Lufkin, Tex., of counsel.

Before RIVES, AINSWORTH and MORGAN, Circuit Judges.

AINSWORTH, Circuit Judge:

V & S Ice Machine Company, Inc. brought this action against Eastex Poultry Company, Inc. for infringement of two United States Patents, Nos. 2,659,212 and 2,712,734, by the use of devices manufactured and supplied by North Star Ice Equipment Company. North Star intervened as a defendant. The District Court granted summary judgment for the defendants. This Court reversed in V & S Ice Machine Company v. Eastex Poultry Company, 1967...

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