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HICKORY SPRINGS MFG. CO. v. FREDMAN BROS. FURNITURE CO.

No. P-3170.

338 F.Supp. 636 (1972)

HICKORY SPRINGS MANUFACTURING COMPANY, Plaintiff, v. FREDMAN BROTHERS FURNITURE COMPANY, Inc. and Harry Fredman, Defendants.

United States District Court, S. D. Illinois, N. D.

February 18, 1972.

Attorney(s) appearing for the Case

Tim W. Swain, II, Peoria, Ill., Dalbert U. Shefte, Charlotte, N. C., for plaintiff.

Harvey B. Jacobson, Jr., Washington, D. C., Lyle W. Allen, Peoria, Ill., for defendants.

OPINION AND ORDERS

ROBERT D. MORGAN, District Judge.

By its complaint herein, plaintiff sought a declaratory judgment that Fredman Patent No. 3,118,151 was invalid, or, if valid, that it was not infringed by plaintiff's accused product. Subsequent to the filing of the complaint, the Court of Appeals for the Seventh Circuit affirmed a judgment in another cause finding claim 3 of that patent invalid and finding claim 4 thereof valid, but not infringed by the...

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