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DOW CHEMICAL CO. v. EBY MINE SERVICE

No. 91-C-42.

813 F.Supp. 749 (1993)

The DOW CHEMICAL COMPANY, Plaintiff, v. EBY MINE SERVICE, et al., Defendants.

United States District Court, D. Colorado.

February 16, 1993.

Attorney(s) appearing for the Case

John Lebsack, Denver, CO, Arthur Lieberman, New York City, NY, for plaintiff.

Don Riske, Cheyenne, WY, for defendants.

MEMORANDUM OPINION AND ORDER

CARRIGAN, District Judge.

Plaintiff Dow Chemical Corporation (Dow) commenced this action seeking damages for infringement of U.S. Patent No. 3, 817, 039 (the '039 patent). Defendants are Eby Mine Service, Inc. (Eby Mine) and two of its officers; R.B. Kemper and Russ Eby. Pursuant to Fed.R.Civ.P. 56, the plaintiff has filed a motion for summary judgment on the issue of patent infringement. Defendants have responded by opposing...

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