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CONSOLIDATED PACKAGING MACHINERY CORP. v. KELLY

No. 12070, 12071.

253 F.2d 49 (1958)

CONSOLIDATED PACKAGING MACHINERY CORPORATION, Plaintiff-Appellee, v. Richard J. KELLY, Executor, etc., Defendant-Appellant. Richard J. KELLY, Executor, etc., Plaintiff-Appellant, v. INTERNATIONAL PAPER COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied April 8, 1958.

Writ of Certiorari Denied June 9, 1958.

Attorney(s) appearing for the Case

J. Edgar Kelly, Wilfred S. Stone, Chicago, Ill., for appellant.

John Vaughan Groner, New York City, James P. Hume, Chicago, Ill., James D. Bock, New York City, of counsel, for appellee.

Before FINNEGAN, SCHNACKENBERG and HASTINGS, Circuit Judges.

Writ of Certiorari Denied June 9, 1958. See 78 S.Ct. 1151.

FINNEGAN, Circuit Judge.

For many years Thomas C. Kelly, now deceased, was a sales representative of plaintiff, Consolidated Packaging Machinery Corporation, a manufacturer and seller of packaging machinery Kelly designed, and on September 5, 1939 obtained United States Letters Patent No. 2,171,572 on a machine described as a cottoner (Cottoner or Kottoner) which inserted a wad of cotton into the neck...

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