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BURGESS VIBROCRAFTERS v. ATKINS INDUSTRIES

No. 10643.

204 F.2d 311 (1953)

BURGESS VIBROCRAFTERS, Inc. v. ATKINS INDUSTRIES, Inc.

United States Court of Appeals Seventh Circuit.

May 15, 1953.

Attorney(s) appearing for the Case

A. Trevor Jones, Kenneth F. Burgess and George I. Haight, Chicago, Ill., for appellant.

I. Irving Silverman and Myron C. Cass, Chicago, Ill., for appellees.

Before FINNEGAN, LINDLEY and SWAIM, Circuit Judges.

SWAIM, Circuit Judge.

Burgess Vibrocrafters, Inc., the manufacturer of a small, electrically operated jig saw, brought this action seeking a declaratory judgment of invalidity and non-infringement of Design Patent D-161,025, owned by the defendant Allen Atkins. The defendants, Allen Atkins and Atkins Industries, Inc., the exclusive patent licensee and likewise the manufacturer of a small electric jig saw, filed counterclaims alleging patent infringement, trademark...

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