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ANDERSON COMPANY v. SEARS, ROEBUCK AND CO.

No. 12459.

265 F.2d 755 (1959)

ANDERSON COMPANY, Plaintiff-Appellee, v. SEARS, ROEBUCK AND CO., and Zaiger Corporation, Defendants-Appellants.

United States Court of Appeals Seventh Circuit.

Rehearing Denied May 28, 1959.

Attorney(s) appearing for the Case

Howard T. Markey, Francis W. Parker, Jr., Parker & Carter, Chicago, Ill., John M. Fogarty, Lynn, Mass., for defendant-appellant, Zaiger Corp.

Frank H. Marks, Lederer, Livingston, Kahn & Adsit, Chicago, Ill., for defendant-appellant, Sears, Roebuck & Co.

James P. Hume, John Rex Allen, Chicago, Ill., Richard S. Melvin, Gary, Ind., James C. Wood, Lloyd W. Mason, Hofgren, Brady, Wegner, Allen & Stellman, Chicago, Ill., for plaintiff-appellee.

Before SCHNACKENBERG and HASTINGS, Circuit Judges, and WHAM, District Judge.

HASTINGS, Circuit Judge.

This is an action for patent infringement. Plaintiff-appellee, The Anderson Company, a corporation, sued Sears, Roebuck and Co., a corporation. The Zaiger Corporation, as manufacturer of the accused devices, submitted to the jurisdiction of the court as a co-defendant and defended the action. Both defendants are appellants herein.

The patent in suit relates to a windshield wiper and is No. 2,596,063 entitled "Windshield Wiper Linkage...

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