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MERRY MANUFACTURING COMPANY v. BURNS TOOL COMPANY

Civ. A. No. 7081.

206 F.Supp. 53 (1962)

MERRY MANUFACTURING COMPANY, Plaintiff, v. BURNS TOOL COMPANY and Economy Auto Stores, Inc., Defendants.

United States District Court N. D. Georgia, Atlanta Division.

May 24, 1962.

Attorney(s) appearing for the Case

Richard W. Seed, Seattle, Wash., Hamilton Lokey, Atlanta, Ga., for Merry Mfg. Co.

Semmes & Semmes, Washington, D. C., Smith, Swift, Currie, McGhee & Hancock, R. W. Crenshaw, Jr., c/o Hansell, Post, Gardner, Brandon & Dorsey, Atlanta, Ga., for Burns Tool Co. and Economy Auto Stores, Inc.

MORGAN, District Judge.

This patent case concerns the alleged infringement of two United States patents. The earlier of these patents is Patent No. 2,614,474, and it is entitled WALKING CULTIVATOR. The second of the patents, namely 2,634,666 is entitled IMPROVED EARTHWORKING WHEEL. It is further complained that the defendant has engaged in unfair competition in promoting the sales of its garden tiller.

The issues of the law suit are three in number. As to...

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