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LAUFENBERG, INC. v. GOLDBLATT BROS.

No. 9962.

179 F.2d 832 (1950)

LAUFENBERG, Inc. v. GOLDBLATT BROS., Inc.

United States Court of Appeals Seventh Circuit.

February 10, 1950.

Attorney(s) appearing for the Case

Ira Milton Jones, Milwaukee, Wis., Jules L. Brady, Bradford Wiles, Chicago, Ill. (Schroeder, Merriam, Hofgren & Brady, Chicago, Ill., of counsel), for appellant.

L. B. Mann, Chicago, Ill. (Pennie, Edmonds, Morton & Barrows, New York City, of counsel), for appellee.

Before MAJOR, Chief Judge, and DUFFY and LINDLEY, Circuit Judges.

LINDLEY, Circuit Judge.

Plaintiff brought suit for infringement of its three patents, Wimmer, No. 1,863,211, Herodes et al., No. 2,180,902 and Laufenberg, No. D-150,306. Before trial it withdrew Wimmer and all claims of Herodes except claim 2. The court directed that the dismissal as to Wimmer and as to claims 1, 3, 4 and 5 of Herodes be with prejudice. At the conclusion of the trial, the court held both Laufenberg and Herodes...

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