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AGRASHELL, INC. v. HAMMONS PRODUCTS COMPANY

No. 2002.

248 F.Supp. 258 (1965)

AGRASHELL, INC., Plaintiff, v. HAMMONS PRODUCTS COMPANY, Defendant.

United States District Court W. D. Missouri, S. D.

January 5, 1965.

Attorney(s) appearing for the Case

Albert C. Johnston, New York City, and Miller, Fairman, Sanford, Carr & Lowther, Springfield, Mo., for plaintiff.

Stevens, Davis, Miller & Mosher, Washington, D. C., Walker, Daniel, Clampett, Rittershouse & Ellis, Springfield, Mo., Damon M. Gunn, and Martin E. Hogan, Jr., Washington, D. C., for defendants.

JOHN W. OLIVER, District Judge.

This case pends on defendant's motion for summary judgment. Plaintiff's complaint alleges that jurisdiction is based on Section 1338 of Title 28, United States Code.

Paragraph 6 of plaintiff's complaint alleged that plaintiff "is the grantee of and holds * * * the sole and exclusive right to enforce the exclusive rights" of the reissued letters patent involved in this case. Plaintiff also alleged that it holds such rights "by...

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