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PET INCORPORATED v. KYSOR INDUSTRIAL CORPORATION

No. G-252-71 CA.

404 F.Supp. 1252 (1975)

PET INCORPORATED, Plaintiff and Counterclaim Defendant, v. KYSOR INDUSTRIAL CORPORATION, Defendant and Counterclaim Plaintiff.

United States District Court, W. D. Michigan, S. D.

April 28, 1975.

Attorney(s) appearing for the Case

Peter Armstrong, Grand Rapids, Mich., Richard G. Heywood, Byron Roche, St. Louis, Mo., for plaintiff and counterclaim defendant.

Richard C. Cooper, Grand Rapids, Mich., Dirks B. Foster, Raymond L. Hanson, San Francisco, Cal., for defendant and counterclaim plaintiff.

OPINION ON CROSS MOTIONS FOR SUMMARY JUDGMENT

MILES, District Judge.

Plaintiff, Pet Incorporated ("Pet"), instituted this action on October 8, 1971 seeking a declaratory judgment that seven patents owned by or licensed to defendant, Kysor Industrial Corporation ("Kysor"), were invalid, unenforceable and not infringed by reason of Pet's manufacture of two open-front refrigerated display cases known as the Models...

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