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CHORE-TIME EQUIPMENT v. CUMBERLAND CORP.

Appeal Nos. 83-518, 83-598.

713 F.2d 774 (1983)

CHORE-TIME EQUIPMENT, INC., Appellant, v. CUMBERLAND CORPORATION, Appellee.

United States Court of Appeals, Federal Circuit.

July 13, 1983.

Attorney(s) appearing for the Case

Richard Bushnell, Chicago, Ill., argued for appellant. With him on brief was Todd S. Parkhurst, Chicago, Ill.

Edgar H. Martin, Washington, D.C., argued for appellee. With him on brief were Kevin E. Joyce and Kendrew H. Colton, Washington, D.C., of counsel.

David A. Dyrus, Chattanooga, Tenn., of counsel.

Before MARKEY, Chief Judge, and NICHOLS and SMITH, Circuit Judges.

MARKEY, Chief Judge.

Chore-Time Equipment, Inc., (Chore-Time) appeals from a judgment of the United States District Court for the Eastern District of Tennessee (Wilson, J.) holding Chore-Time's U.S. Patent No. 3,911,868 (the Brembeck patent), issued October 14, 1975, for a "Poultry Feeder", invalid and awarding summary judgment to Cumberland Corporation (Cumberland). Chore-Time also appeals an award of costs to Cumberland. We affirm.

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