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MENDENHALL v. BARBER-GREENE CO.

No. 80 C 6747.

531 F.Supp. 947 (1981)

Robert J. MENDENHALL, et al., Plaintiffs, v. BARBER-GREENE COMPANY, Defendant.

United States District Court, N. D. Illinois, E. D.

December 7, 1981.

Attorney(s) appearing for the Case

Jerry J. Dunlap, Gary Patterson, Dunlap & Codding, Oklahoma City, Okl., for plaintiffs.

Clarence J. Fleming, McDougall, Hersh & Scott, Chicago, Ill., for defendant.

MEMORANDUM OPINION AND ORDER

SHADUR, District Judge.

In this patent infringement action defendant Barber-Greene Company ("Barber-Greene") seeks an order under Fed.R.Civ.P. ("Rule") 56(d) limiting the filing dates of the two patents in suit. Barber-Greene's motion poses the question whether the patents in suit are entitled to the earlier filing dates of either or both of two prior patents issued to plaintiff Robert Mendenhall

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