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BORG-WARNER-CORPORATION v. MALL TOOL COMPANY

No. 11032.

220 F.2d 803 (1955)

BORG-WARNER-CORPORATION, Plaintiff-Appellant, v. MALL TOOL COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Writ of Certiorari Denied May 31, 1955.

Attorney(s) appearing for the Case

Casper William Ooms, Robert C. Williams, Chicago, Ill., for appellant.

Horace Dawson, Timothy L. Tilton, Chicago, Ill., for appellee.

Before MAJOR, LINDLEY and SWAIM, Circuit Judges.

Writ of Certiorari Denied May 31, 1955. See 75 S.Ct. 875.

LINDLEY, Circuit Judge.

Defendant moves to reopen our decision reversing, in part, a judgment of the trial court in favor of defendant. 7 Cir., 217 F.2d 850. In its attempt to present so-called newly discovered evidence, defendant invokes the rule announced in Chicago & W. I. R. Co. v. Chicago & E. R. Co., 7 Cir., 140 F.2d 130

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