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VALMONT INDUSTRIES, INC. v. YUMA MANUFACTURING COMPANY

Civ. A. Nos. 67-C-136, 67-C-331.

296 F.Supp. 1291 (1969)

VALMONT INDUSTRIES, INC., et al, Plaintiffs, v. YUMA MANUFACTURING COMPANY, Inc., Defendant. VALMONT INDUSTRIES, INC., et al., Plaintiffs, v. ENRESCO, INC., Defendant.

United States District Court D. Colorado.

March 6, 1969.

Attorney(s) appearing for the Case

Dawson, Nagel, Sherman & Howard, by Michael A. Williams, Denver, Colo., McGrath, North, Nelson & Shkolnick, by John E. North, Omaha, Neb., and Henderson & Strom, by H. Robert Henderson, Omaha, Neb., for plaintiffs.

Naylor & Neal, by James M. Naylor, San Francisco, Cal., Spurgeon, Aman & Hanes, by Richard W. Hanes, Colorado Springs, Colo., and Benedetti & Fennie, by Kent J. Fennie, Yuma, Colo., for defendants.

MEMORANDUM OPINION AND ORDER

WILLIAM E. DOYLE, District Judge.

This is a patent infringement action, wherein the plaintiffs seek a declaratory judgment that U. S. Patent No. 2,604,359 is valid and infringed by the defendants, an injunction against further infringement and an accounting.1 In the original complaint and subsequent amendments, the plaintiffs have charged both defendants with infringement of claims 8, 9, 10 and 13...

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