Legal Opinion

Choat v. Rome Industries, Inc.

District Court, N.D. Georgia

Decided March 12, 1979No. Civ. A. C77-78RPublished

1Opinion of the Court

ORDER

HAROLD L. MURPHY, District Judge.

This action arises out of the alleged infringement by the defendants of certain patents issued to the plaintiff on a tree shear developed by him. Jurisdiction is invoked pursuant to 28 U.S.C. §§ 1338 and 1400(b). Presently pending before the Court are various motions by the parties.

1. Affecting all the issues now pending will be this Court’s determination of defendant Rome Industries, Inc.’s (“Rome”) motion for summary judgment or in the alternative a separate trial. The defendant has requested an oral hearing on its motion for summary judgment. The…

2Cases cited17 opinions

  1. Foman v. DavisSupreme Court of the United States · 1962
  2. Dairy Queen, Inc. v. WoodSupreme Court of the United States · 1962
  3. Fourco Glass Co. v. Transmirra Products Corp.Supreme Court of the United States · 1957
  4. Swofford v. B & W, Inc.Court of Appeals for the Fifth Circuit · 1964
  5. Brunette MacHine Works, Ltd. v. Kockum Industries, Inc.Supreme Court of the United States · 1972

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