UNITED STATES v. LINE MATERIAL CO.

Civ. A. No. 1696.

64 F.Supp. 970 (1946)

UNITED STATES v. LINE MATERIAL CO. et al.

District Court, E. D. Wisconsin.

March 6, 1946.


Attorney(s) appearing for the Case

Timothy Cronin, U. S. Atty., of Milwaukee, Wis., and Melville C. Williams, Dept. of Justice of Chicago, Ill., for plaintiff.

Louis Quarles, Maxwell Herriott, and Clark Hazelwood, all of Milwaukee, Wis., and Charles Meroni, of Chicago, Ill., for Line Material Co.

Thomas H. Spence, of Milwaukee, Wis., and Alexander C. Neave, Harry R. Pugh, Jr., and William J. O'Hearn, Jr., all of New York City, for General Electric Co.

George Affeldt, of Milwaukee, Wis. (Foster & Vogel and E. M. Harrington, all of St. Louis, Mo., of counsel), for James R. Kearney Corporation.

J. H. Marshutz, of Milwaukee, Wis., and James A. Murray and Wilder Lucas, both of St. Louis, Mo. (Fish, Marshutz & Hoffman, of Milwaukee, Wis., and Sullivan, Finley & Lucas, of St. Louis, Mo., of counsel), for W. N. Matthews Corporation.

Willis G. Sullivan, of Milwaukee, Wis., for Pacific Electric Mfg. Co.

Wilber Owen, of Toledo, Ohio, and Willis G. Sullivan, of Milwaukee, Wis. (Owen & Owen, of Toledo, Ohio, of counsel), for Porcelain Products Co.

Louis A. Lecher, of Milwaukee, Wis. (Robert W. Smith, of Greensburg, Pa., of counsel), for Railway Industrial Engineering Co.

Willis G. Sullivan, of Milwaukee, Wis., for Royal Electric Mfg. Co.

Louis A. Lecher, of Milwaukee, Wis. (John A. Dienner and Edward C. Grelle, both of Chicago, Ill., of counsel), for Sweitzer & Conrad, Inc.

W. F. Sonnekalb, Jr., of New York City, Louis Quarles and Maxwell Herriott, both of Milwaukee, Wis., and Needham A. Graham, Jr., of Birmingham, Ala., for Southern States Equipment Corporation.

Louis A. Lecher, of Milwaukee, Wis. (Cravath, Swaine & Moore, Albert R. Connelly, George B. Turner, and John J. O'Connell, all of New York City, of counsel), for Westinghouse Electric & Manufacturing Co.

Willis G. Sullivan, of Milwaukee, Wis., for T. F. Johnson.


DUFFY, District Judge.

As a boy in grade school I many times pondered the answer to the problem then often discussed among younsters: What would happen if an irresistible force came into collision with an unbreakable and immovable object? The issue to be decided in the case at bar recalls that boyhood problem when I consider how the ambit of the monopoly given to the owner of a patent and to his licensees by the patent laws comes into head-on collision with the ambit...

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