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MAYCO CO. v. KENNETT COTTON CHOPPER MFG. CO.

No. 1411.

101 F.Supp. 117 (1951)

MAYCO CO. v. KENNETT COTTON CHOPPER MFG. CO.

United States District Court E. D. Missouri, Southeastern Division.

September 25, 1951.

Attorney(s) appearing for the Case

Lawrence C. Kingsland and Estill E. Ezell (of Kingsland, Rogers & Ezell), of St. Louis, Mo., for plaintiff.

Lawrence H. Cohn and Frederick M. Woodruff, of St. Louis, Mo., for defendant.

HULEN, District Judge.

Plaintiff charges infringement of Patent No. 2,505,560, issued to William H. and C. R. Mayberry, acquired by plaintiff by assignment, on a structure known as the "Mayberry" or "Mayco" cotton chopper, by defendant's manufacture and sale of the "Delta" cotton chopper. The issues are: (A) Invalidity of plaintiff's patent because of (1) lack of invention, (2) anticipated by prior art, (3) prior public use; and (B) non-infringement by defendant....

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