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FMC CORPORATION v. McCABE-POWERS BODY COMPANY

Civ. No. 63-396.

237 F.Supp. 1018 (1965)

FMC CORPORATION, a Delaware corporation, and Howard B. Miller, an individual, Plaintiffs, v. McCABE-POWERS BODY COMPANY, Inc., a California corporation, Defendant.

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

January 25, 1965.

Attorney(s) appearing for the Case

Flehr & Swain, by Harold C. Hohbach, and Thomas O. Herbert, San Francisco, Cal., for plaintiffs, and Lyon & Lyon, by Leonard S. Lyon, Los Angeles, Cal., of counsel.

Harris, Kiech, Russell & Kern, by Donald C. Russell, Los Angeles, Cal., for defendant, and Alfred W. Petchaft, St. Louis, Mo., of counsel.

THURMOND CLARKE, District Judge.

This is an action for alleged patent infringement. The court has jurisdiction under provisions of 28 U.S.C. § 1338.

Plaintiff Miller holds letters patent No. 2,450,152 for a fruit picker's crane; plaintiff FMC Corporation is the exclusive licensee. FMC has granted various other corporations the right to manufacture and sell the Miller device. These corporations pay FMC sums equivalent to three and one-half per cent of...

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