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DEERE & CO. v. HESSTON CORP.

Nos. 77-1561, 77-1562.

593 F.2d 956 (1979)

DEERE & COMPANY, Plaintiff-Appellee and Cross-Appellant, v. HESSTON CORPORATION, Defendant-Appellant and Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided March 9, 1979.

Attorney(s) appearing for the Case

Dugald S. McDougall, Chicago, Ill. (Dennis McCarthy and Rand L. Cook, Salt Lake City, Utah, and Theodore R. Scott, Chicago, Ill., on brief), for plaintiff-appellee and cross-appellant.

Gordon D. Schmidt, of Schmidt, Johnson, Hovey & Williams, Kansas City, Mo., for defendant-appellant and cross-appellee.

Before HOLLOWAY and DOYLE, Circuit Judges, and STANLEY, Senior District Judge.

WILLIAM E. DOYLE, Circuit Judge.

I.

THE PLEADINGS AND PROCEEDINGS

Plaintiff-appellee Deere & Company instituted this action in the United States District Court for the District of Utah. A declaratory judgment to declare certain patents invalid was prayed for against the Hesston Corporation of Hesston, Kansas, the owner of United States Patent No. 3,556,327, entitled "Loose Hay Wagon," issued January 19, 1971, and filed by Harold Keith Garrison...

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