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P & D SALES & MFG. CO. v. WINTER

Civ. A. No. 62 C 2044.

222 F.Supp. 111 (1963)

P & D SALES & MFG. CO., a division of The Neff and Fry Company, Plaintiff, v. Billy B. WINTER and New Holland Machine Company, a division of Sperry Rand Corporation, Defendants.

United States District Court N. D. Illinois, E. D.

August 8, 1963.

Attorney(s) appearing for the Case

Snow & Benno, Chicago, Ill., for plaintiffs.

Wolfe, Hubbard, Voit & Osann, John P. Bundock, Jr., Chicago, Ill., for defendants.

Mann, Brown & McWilliams, Chicago, Ill., for B. B. Winter.

IGOE, District Judge.

FINDINGS OF FACT

1. This action is a suit for declaratory judgment pursuant to Title 28 U. S.C. § 2201, for invalidity, non-infringement and unenforceability of United States Patent No. 2,940,639, granted to Billy B. Winter on June 14, 1960 for a "Tubular Feeding Device".

2. The defendants answered and counterclaimed for infringement of Patent No. 2,940,639. The various issues raised by the pleadings were tried by the court...

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