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MILTON G. WALDBAUM COMPANY v. ROBERTS DAIRY COMPANY

Civ. No. 03479.

325 F.Supp. 772 (1971)

MILTON G. WALDBAUM COMPANY, a Corporation, Plaintiff, v. ROBERTS DAIRY COMPANY, Defendant.

United States District Court, D. Nebraska.

February 8, 1971.

Attorney(s) appearing for the Case

D. C. Bradford, of Monsky, Grodinsky, Good & Cohen, Omaha, Neb., for plaintiff.

Victor J. Lich, Jr., of Miller & Russell, Omaha, Neb., and John E. Kidd, of Kenyon & Kenyon, New York City, for defendant.

MEMORANDUM

RICHARD E. ROBINSON, Chief Judge.

This matter comes before the Court on the motion of defendant to dismiss [Filing #7] and on the motion of plaintiff to join an additional party defendant [Filing #13].

In his amended petition plaintiff seeks a declaratory judgment that United States Letters Patent Nos. 3,093,487 and 3,113,872 [hereinafter these patents will be referred to respectively as Patent '487 and Patent '872] have not been infringed...

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