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ILLINOIS STOKER CO. v. K-B PULVERIZER CORPORATION

No. 5168.

74 F.2d 824 (1935)

ILLINOIS STOKER CO. v. K-B PULVERIZER CORPORATION.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied February 15, 1935.

Attorney(s) appearing for the Case

A. M. Fitzgerald, of Springfield, Ill., and Henry Davis, of St. Louis, Mo., for appellant.

Clayton J. Barber, of Springfield, Ill., and Edwin Hort and Walter J. Rosston, both of New York City, for appellee.

Before ALSCHULER, EVANS, and SPARKS, Circuit Judges.

SPARKS, Circuit Judge.

This action was instituted by appellee to recover royalties under a license granted to appellant on September 23, 1926, to manufacture and sell certain coal pulverizing machinery and burners covered by patents owned by appellee.

Beside the general issue, appellant pleaded three defenses and counterclaims, and also a setoff based upon the alleged damages set forth in the counterclaims. The first answer and counterclaim alleged that appellant...

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