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CONNELL v. SEARS, ROEBUCK & CO.

Civ. A. No. 81-C-0496-M.

559 F.Supp. 229 (1983)

Jerry F. CONNELL, et al., Plaintiffs, v. SEARS, ROEBUCK AND COMPANY, Defendant.

United States District Court, N.D. Alabama, S.D.

As Corrected March 8, 1983.

Attorney(s) appearing for the Case

Douglas Burns, Thomas E. Davis, Gadsden, Ala., for plaintiffs.

Walther E. Wyss, Mason, Kolehmainen, Rathburn & Wyss, Chicago, Ill., James C. Inzer, III, Gadsden, Ala., for defendant.

MEMORANDUM OF DECISION GRANTING SUMMARY JUDGMENT NOT WITHSTANDING THE VERDICT

CLEMON, District Judge.

Introduction

This case involves the validity and alleged infringement of United States Letters Patent No. 3,459,199 (`the '199 patent'), issued in 1969 to plaintiff Jerry F. Connell1 for a "teasing and unsnarling implement" for hair. Connell claims that various hair curlers sold by defendant Sears, Roebuck and Company...

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