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KULESZA v. BLAIR

Nos. 4281, 4282.

41 F.2d 439 (1930)

KULESZA et al. v. BLAIR et al. SAME v. AMERICAN CAR & FOUNDRY CO. et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied July 3, 1930.

Attorney(s) appearing for the Case

A. Miller Belfield and James Hamilton Lewis, both of Chicago, Ill., for appellants.

James M. Sheean and Weymouth Kirkland, both of Chicago, Ill., for appellees Blair and others.

J. Gray Lucas, of Chicago, Ill., for appellee Robinson.

Ephraim Banning, of Chicago, Ill., for appellee American Car & Foundry Co.

Before ALSCHULER, EVANS, and SPARKS, Circuit Judges.

EVANS, Circuit Judge.

Both appeals (Nos. 4281 and 4282) involve similar issues and were argued at the same time. They will be disposed of in one opinion. Both suits were brought to recover damages growing out of the alleged infringement of a patent (No. 886541) to Elbert R. Robinson, May 5, 1908, which expired prior to the commencement of the two suits.

No. 4281. The plaintiffs sued on behalf of themselves, individually, and as a committee acting for and representing...

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