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HUGHES BLADES, INC. v. DIAMOND TOOL ASSOCIATES

No. 1156-58.

191 F.Supp. 480 (1960)

HUGHES BLADES, INC., a California Corporation, and Norman P. Van Valkenburgh, Plaintiffs, v. DIAMOND TOOL ASSOCIATES, a firm composed of Meral W. Hinshaw and John F. Martyr; Meral W. Hinshaw, individually; John F. Martyr, individually; and Huther Brothers Saw Mfg. Co., Inc., A New York Corporation, Defendants.

United States District Court S. D. California, Central Division.

November 10, 1960.

Attorney(s) appearing for the Case

Fulwider, Mattingly & Huntley, and Francis A. Utecht, Los Angeles, Cal., for defendants.

Miketta & Glenny, Los Angeles, Cal., for plaintiff.

CROCKER, District Judge.

The court having heard defendants' motion for summary judgment on August 1, 1960, and having taken the matter under submission, and having considered the arguments of the parties and the exhibits submitted, and having concluded that there is no genuine issue as to any material fact, and having further determined as a matter of law that the improvements made by plaintiff's invention over prior art do not conform to that degree of newness specified...

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