KRAFT FOODS COMPANY v. WALTHER DAIRY PRODUCTS

Nos. 11199-11201.

234 F.2d 279 (1956)

KRAFT FOODS COMPANY, Plaintiff-Appellee, v. WALTHER DAIRY PRODUCTS and The Borden Company, Defendants-Appellants. KRAFT FOODS COMPANY, Plaintiff-Appellee, v. WISCONSIN SWISS AND LIMBURGER CHEESE PRODUCERS' ASSOCIATION, Cheese Producers' Marketing Association and Intervenor Wild Cooperative Cheese Company, Defendants-Appellants. KRAFT FOODS COMPANY, Plaintiff-Appellee, v. STATE OF WISCONSIN, Intervenor-Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied August 1, 1956.


Attorney(s) appearing for the Case

W. Philip Churchill, New York City, Maxwell Barus, New York City, E. L. Wingert, Madison, Wis., Fish, Richardson & Neave, New York City, of counsel, for appellants Walther Dairy Products and Borden Co.

Joseph G. Werner, Madison, Wis., San W. Orr, Madison, Wis., Trayton L. Lathrop, Thomas, Orr, Isaksen & Werner, Madison, Wis., of counsel, for appellants Wisconsin Swiss & Limburger Cheese Producers' Ass'n, Cheese Producers' Marketing Ass'n and intervenor Wild Cooperative Cheese Co.

Roy G. Tulane, Asst. Atty. Gen., Vernon W. Thomson, Atty. Gen., for State of Wisconsin.

Cyril A. Soans, Victor P. Kayser, Chicago, Ill., Glen W. Stephens, Madison, Wis., Edwin M. Luedeka, Soans, Glaister & Anderson, Snyder, Chadwell & Fagerburg, Chicago, Ill., Stephens, Bieberstein, Cooper & Bruemmer, Madison, Wis., of counsel, for appellee Kraft Foods Co.

Before FINNEGAN, SWAIM and SCHNACKENBERG, Circuit Judges.


FINNEGAN, Circuit Judge.

Three appeals1 were taken from a single judgment entered February 26, 1954, in this patent infringement action involving U. S. Letters Patent No. 2,494,636 issued January 17, 1950 to plaintiff, Kraft Foods Company as assignee of the inventor James Bryan Stine. We use the references "Stine" or "636," as designating the method patent in issue containing this introductory paragraph:

"The Emmenthaler type...

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