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HEATH v. A. B. DICK COMPANY

No. 12122.

253 F.2d 30 (1958)

Almon A. HEATH, Plaintiff-Appellee, v. A. B. DICK COMPANY, an Illinois corporation, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied March 31, 1958.

As Amended April 22, 1958.

Attorney(s) appearing for the Case

Casper William Ooms, John T. Haslett, Chicago, Ill., Herman Hersh, David L. Ladd, Chicago, Ill., of counsel, for appellant.

George E. Frost, Chicago, Ill., for appellee.

Before MAJOR, SCHNACKENBERG and PARKINSON, Circuit Judges.

SCHNACKENBERG, Circuit Judge.

This case was initiated on August 9, 1954 when plaintiff filed a complaint in the district court. On September 21, 1955, it filed a "substitute complaint" (hereinafter referred to as the complaint) to which, the record before us rather obscurely suggests, defendant's amended answer and counterclaim filed December 28, 1954 is the responsive pleading. On March 22, 1955 plaintiff filed an answer to an amended (sic) counterclaim.<...

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