Delta and Pine Land Company v. Peoples Gin Company and Hollandale Seed & Delinting Company, Inc.

CLARK, Chief Judge:

Delta & Pine Land Company brought this action against Peoples Gin Company and Hollandale Seed & Delinting Company alleging that they had infringed its rights under the Plant Variety Protection Act, 7 U.S.C. § 2321, et seq. The district court granted summary judgment in favor of Delta. The single issue on this appeal is a novel one. The question to be determined is whether Peoples and Hollandale are exempt from the operation of the Act pursuant to the “crop exemption,” 7 U.S.C. § 2543. We hold that they are not, and affirm the judgment of the district court. 546 F.Supp. 939.

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