DEERE & CO. v. HESSTON CORP.

No. C 299-73.

456 F.Supp. 520 (1977)

DEERE & COMPANY, Plaintiff, v. HESSTON CORPORATION, Defendant.

United States District Court, D. Utah, C. D.

May 4, 1977.


Attorney(s) appearing for the Case

Dennis McCarthy, Rand L. Cook, Salt Lake City, Utah, Dugald S. McDougall, Theodore R. Scott, Chicago, Ill., for plaintiff.

William T. Thurman, McKay, Burton, McMurray & Thurman, Salt Lake City, Utah, Gordon D. Schmidt, Warren N. Williams, Schmidt, Johnson, Hovey & Williams, Kansas City, Mo., for defendant.


MEMORANDUM OPINION IN LIEU OF FINDINGS OF FACT AND CONCLUSIONS OF LAW UNDER RULE 52

ALDON J. ANDERSON, Chief Judge.

The plaintiff, Deere & Company ("Deere"), filed this action under 28 U.S.C. § 2201 (1970) for a declaratory judgment that the defendant's eight patents in issue1 were invalid and that the plaintiff was not, therefore, liable for infringing these patents. The defendant, Hesston Corporation ("Hesston"), counterclaimed...

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