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TORO CO. v. WHITE CONSOL. INDUSTRIES, INC.

Civil No. 4-95-656.

920 F.Supp. 1008 (1996)

The TORO COMPANY, Plaintiff, v. WHITE CONSOLIDATED INDUSTRIES, INC., and WCI Outdoor Products, Inc., Defendants.

United States District Court, D. Minnesota, Fourth Division.

March 26, 1996.

Attorney(s) appearing for the Case

Earl D. Reiland, David K. Tellekson, Paul H. Beattie, Jr. and Merchant & Gould, Minneapolis, MN, and Donald S. Trevarthen, The Toro Company, Minneapolis, MN, for plaintiff.

George F. McGunnigle, Jr., Lawrence J. Field and Leonard, Street & Deinard, Minneapolis, MN, and William McGuinness, David E. Sipiora and Fried, Frank, Harris, Shriver & Jacobson, New York City, for defendants.

ORDER

DOTY, District Judge.

This matter is before the court on the motion of plaintiff The Toro Company ("Toro") for a preliminary injunction. Based upon a review of the file, record and proceedings herein, and for the reasons stated below, the court denies plaintiff's motion.

BACKGROUND

This case concerns the alleged infringement of United States Patent No. 4,694,528 (the "'528 patent"), which describes a handheld convertible electric...

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