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HIESTER v. MILLER'S SUPER MARKETS, INC.

Civ. A. Nos. 9045, 9047.

250 F.Supp. 466 (1966)

Blake HIESTER, Plaintiff, v. MILLER'S SUPER MARKETS, INC., a Division of National Tea Company, an Illinois corporation, Red Owl Stores, Inc., a Delaware corporation, Safeway Stores, Incorporated, a Maryland corporation, Defendants, Unarco Industries, Inc., an Illinois corporation, Intervener.

United States District Court D. Colorado.

February 23, 1966.

Attorney(s) appearing for the Case

Sheridan & Ross, Kermith F. Ross, Denver, Colo., for plaintiff.

Horace B. VanValkenburgh, Denver, Colo., for defendants Miller's Super Markets, Inc. and Red Owl Stores, Inc.

Holland & Hart, William C. McClearn, Denver, Colo., for defendant Safeway Stores, Incorporated, and for Intervener, Unarco Industries, Inc.

WILLIAM E. DOYLE, District Judge.

The above-entitled actions, consolidated for the purposes of this motion for summary judgment, arise under the patent laws of the United States, Title 35 U.S.C. § 271 et seq. Plaintiff Hiester, assignee of Schweitzer Patent No. 2,860,885 on a child's seat for nesting carriers, alleges infringement of that patent by the defendants. In their motion for summary judgment defendants assert the record at this stage reveals that plaintiff...

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