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H.M. CHASE CORP. v. IDAHO POTATO PROCESSORS, INC.

No. 11041.

529 P.2d 1270 (1974)

96 Idaho 398

H.M. CHASE CORPORATION, a corporation, and Thelma D. Chase, Individually, and as special Administratrix of the Estate of Henry M. Chase, also known as H.M. Chase, Deceased, Plaintiffs-Appellants and Cross-Respondents, v. IDAHO POTATO PROCESSORS, INC., an Idaho corporation, and H.J. Heinz Company, a Pennsylvania corporation, Defendants-Respondents, and Ore-Ida Foods, Inc., an Oregon corporation, and Ore-Ida Foods, Inc., a Delaware Corporation, Defendants-Respondents, and Cross-Appellants.

Supreme Court of Idaho.

Rehearing Denied September 6, 1974.

Attorney(s) appearing for the Case

Langroise, Sullivan & Smylie, Boise, Wood, Herron & Evans, Cincinnati, Ohio, for appellants.

Hawley, Troxell, Ennis & Hawley, Boise, Parmelee, Miller, Welsh & Kratz, Pittsburgh, Pa., Miller, Anderson, Nash, Yerke & Wiener, Portland, Or., for respondents.

DONALDSON, Justice.

In 1949, Henry Chase filed two applications for patents with the United States Patent Office. The actual contents of the two applications will be discussed in detail later, but briefly they described a process for the preparation of frozen potato products. The two patents were subsequently issued to Chase on May 20, 1952.

In December, 1952, Chase and Ore-Ida Potato Products Inc., of Oregon, entered...

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