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KELLEY MFG. CO. v. LILLISTON CORP.

No. 78-1700.

636 F.2d 919 (1980)

KELLEY MANUFACTURING COMPANY, Appellant, v. LILLISTON CORPORATION, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 28, 1980.

Certiorari Denied October 6, 1980.

Attorney(s) appearing for the Case

James M. Wetzel, Chicago, Ill. (John R. Crossan, Chicago, Ill., R. C. Howison, Jr., Henry S. Manning, Jr., Edward S. Finley, Jr., Joyner & Howison, Raleigh, N. C., on brief), for appellant.

William A. Marshall, Chicago, Ill. (Charles J. Merriam, Nate F. Scarpelli, Merriam, Marshall & Bicknell, Chicago, Ill., Edward Taylor Newton, William J. Ormsby, Jr., William H. Needle, Newton, Hopkins & Ormsby, Atlanta, Ga., Cyrus F. Lee, Connor, Lee, Connor, Reece & Bunn, Wilson, N. C., on brief), for appellee.

Before BRYAN, Senior Circuit Judge, and WIDENER and MURNAGHAN, Circuit Judges.

Certiorari Denied October 6, 1980. See 101 S.Ct. 216.

PER CURIAM:

Appellant Kelley Manufacturing Company instituted this suit in the Federal District Court for Eastern North Carolina, seeking a declaration of invalidity, unenforceability and non-infringement of a patent held by appellee Lilliston Corporation on an apparatus employing gangs of rotary hoes for crop-cultivation. The patentee answered maintaining the patent's validity and counterclaiming for infringement...

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