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BENCHCRAFT, INC. v. BROYHILL FURNITURE INDUSTRIES

Civ. A. No. WC 84-143-D-D.

681 F.Supp. 1190 (1988)

BENCHCRAFT, INC., Riverside Furniture Corp., and Hickory Hill Furniture Company, A/K/A Crestline Furniture Company, Plaintiffs, v. BROYHILL FURNITURE INDUSTRIES, INC., Defendant.

United States District Court, N.D. Mississippi, W.D.

March 14, 1988.

Attorney(s) appearing for the Case

Thomas D. Keenum, Sr., Booneville, Miss., N. Elton Dry, Pravel, Gambrell, Hewitt, Kimball & Krieger, Houston, Tex., Charles C. Garvey, Jr., Pravel, Gambrell, Hewitt, Kimball & Kreiger, New Orleans, La., Don A. Smith, Harper, Young, Smith & Maurras, Fort Smith, Ark., John W. Chestnut, Richard B. Hoffman, Tilton, Fallon, Lungmus & Chestnut, Chicago, Ill., for plaintiffs.

Floyd A. Gibson, Blas P. Arroyo, Bell, Seltzer, Park & Gibson, Charlotte, N.C., Dan W. Webb, Tupelo, Miss., for defendant.

MEMORANDUM OPINION

DAVIDSON, District Judge.

The three corporate plaintiffs in this action invoke the court's jurisdiction pursuant to 28 U.S.C. § 1338 and 28 U.S.C. §§ 2201 and 2202, and bring this action relating to a certain design patent issued by the United States Patent and Trademark Office. The plaintiffs challenge the validity of the subject patent and seek to have it declared invalid. The defendant has countersued, claiming patent...

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