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HERCULES INC. v. MINNESOTA STATE HIGHWAY DEPT.

No. 4-71 Civ. 140.

337 F.Supp. 795 (1972)

HERCULES INCORPORATED (formerly Hercules Powder Company), a corporation, Plaintiff, v. MINNESOTA STATE HIGHWAY DEPARTMENT et al., Defendants.

United States District Court, D. Minnesota, Fourth Division.

February 4, 1972.

Attorney(s) appearing for the Case

Merchant & Gould, by John D. Gould, Minneapolis, Minn., with Henry N. Paul, Jr., Philadelphia, Pa., for plaintiff.

Warren Spannaus, Atty. Gen., State of Minn. by Eric B. Schultz, Deputy Atty. Gen., for Minn. State Hy. Dept.

Faegre & Benson by Rodger L. Nordbye, and Lawrence C. Brown, Minneapolis, Minn., for defendants Dow Chemical Co. and Agric. Services.

Bernd W. Sandt, Midland, Mich., for Dow Chemical Co.

NEVILLE, District Judge.

This lawsuit appears in several aspects to be one of first impression. It is brought under 35 U.S.C. § 271 et. seq. and 28 U.S.C. § 1400(b) for claimed infringement of a process patent owned by plaintiff. Jurisdiction is conferred on this court by 28 U.S.C. § 1338. It is alleged that the Minnesota State Highway Department in spraying its rights-of-way for weed and pesticide control, is using a process that infringes plaintiff...

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