EXTRACTOL PROCESS v. HIRAM WALKER & SONS

No. 8780.

153 F.2d 264 (1946)

EXTRACTOL PROCESS, Limited, v. HIRAM WALKER & SONS, Inc.

Circuit Court of Appeals, Seventh Circuit.

January 25, 1946.


Attorney(s) appearing for the Case

E. D. McLaughlin and J. Lewis Bond, both of Peoria, Ill., (Hunter, Kavanagh, McLaughlin & Bond, of Peoria, Ill., of counsel), for appellant.

Carl S. Lloyd, of Chicago, Ill., for appellee.

Before EVANS, MAJOR, and KERNER, Circuit Judges.


EVANS, Circuit Judge.

Plaintiff brought this suit on U. S. Letters Patent against the defendant, a licensee, for infringement of its patents, Nos. 2,112,805, 2,156,236, and 2,184,248. The alleged infringement was based on a later sale of the machine covered by the patents, by the said defendant in alleged violation of its written license agreement. In the prayer for relief, plaintiff asked:

"Wherefore, plaintiff prays for a decree that the defendant account...

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