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BORIS v. MOORE

Civ. A. No. 4724.

152 F.Supp. 595 (1957)

Violet Virginia Kohagen BORIS, administratrix d.b.n.c.t.a. of the estate of F. C. Kohagen, deceased, and Martha Armonies and Georgiana Callahan and Lyle Trucker, Plaintiffs, v. James R. MOORE and Hamilton Manufacturing Company, a corporation, Defendants.

United States District Court E. D. Wisconsin.

As Amended June 17, 1957.

Attorney(s) appearing for the Case

Culhane & Culhane, Minneapolis, Minn., and John J. Burke and Gerald P. Hayes, Sr., Milwaukee, Wis., of counsel, for plaintiffs.

Leonard, Street & Deinard, by Benedict S. Deinard, Minneapolis, Minn., Robert A. Hess, Milwaukee, Wis., of counsel, for defendant James R. Moore.

A. F. Rankin, Manitowoc, Wis., for defendant Hamilton Mfg. Co.

GRUBB, District Judge.

This action was brought to recover royalties under a patent and an injunction and equitable relief.

There is before the court the motion of the defendant Moore to dismiss this action as to him, under Rules 12(a) and 12(b), Fed.Rules Civ.Proc. 28 U.S.C.A., on the ground that the complaint fails to state a claim upon which relief can be granted, and alternatively for judgment on the pleadings, under Rule 12(c). This motion is brought at...

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