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AG PRO, INC. v. SAKRAIDA

No. 74-1712.

512 F.2d 141 (1975)

AG PRO, INC., Plaintiff-Appellant, v. Bernard A. SAKRAIDA, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 9, 1975.

Attorney(s) appearing for the Case

Frank H. Hunter, El Paso, Tex., J. Pierre Kolisch, Portland, Or., for plaintiff-appellant.

J. F. Hulse, Stephen B. Tatem, Jr., El Paso, Tex., for defendant-appellee.

Before BROWN, Chief Judge, and GODBOLD and CLARK, Circuit Judges.

CLARK, Circuit Judge:

Today marks the third appellate appearance of this claim for infringement of a patented dairy barn flushing system. This suit for infringement of patent 3,223,070 was originally brought by Ag Pro, Inc., in 1968. A summary judgment on defendant Sakraida's motion provoked the first appeal. This court reversed and remanded for trial on the merits.1 The second appellate go-around was an appeal from an adjudication of...

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