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BOURNE v. JONES

No. 756-M-Civil.

114 F.Supp. 413 (1951)

BOURNE v. JONES.

United States District Court, S. D. Florida, Miami Division.

Rehearing Denied July 2, 1952.

Attorney(s) appearing for the Case

Allen Clements, Miami, Fla., and Hal H. McCaghren, West Palm Beach, Fla., for plaintiff.

Earnest, Lewis, Smith & Jones, West Palm Beach, Fla., R. K. Lewis, Akron, Ohio, and Semmes, Keegin, Robinson & Semmes, Washington, D. C., for defendant, Luther Jones.

WHITEHURST, District Judge.

The plaintiff in this suit, Dr. Benjamin Arthur Bourne, in 1936 applied for and was granted plant patents on three varieties of sugar cane, which he bred in 1930 and 1931. This suit was subsequently brought against the defendant, Luther Jones, claiming that the defendant had infringed plaintiff's patents and praying for injunctive relief and an accounting.

The suit involves the validity of plant patents numbers 203, 210 and 220...

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