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APPLETON TOY & FURNITURE CO. v. LEHMAN CO.

No. 9463.

165 F.2d 801 (1948)

APPLETON TOY & FURNITURE CO. v. LEHMAN CO. OF AMERICA.

Circuit Court of Appeals, Seventh Circuit.

February 5, 1948.

Attorney(s) appearing for the Case

Henry Blech and Herman Herson, both of Chicago, Ill., for appellant.

Franklin M. Warden, of Chicago, Ill., for appellee.

Before SPARKS, MAJOR and KERNER, Circuit Judges.

SPARKS, Circuit Judge.

This appeal is from the dismissal of a complaint seeking the refund of royalties paid by a patent licensee, and counterclaim for later-due royalties not paid. The basis for the claim was the alleged eviction of the licensee by judicial decree.

The facts which give rise to the claim here asserted were stated by this court in Lehman Co. v. Appleton Co., 148 F.2d 988, hence we shall state them only briefly...

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