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THE DIVERSEY CORPORATION v. CHARLES PFIZER AND CO.

No. 12155.

255 F.2d 60 (1958)

THE DIVERSEY CORPORATION, Plaintiff-Appellant, v. CHARLES PFIZER AND CO., Inc., Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied June 10, 1958.

Attorney(s) appearing for the Case

Charles J. Merriam, Samuel B. Smith, Ronald J. Adams, Chicago, Ill., for plaintiff-appellant, Merriam, Lorch & Smith, Chicago, Ill., of counsel.

Arthur G. Connolly, Wilmington, Del., W. J. Marshall, Jr., Haight, Lockwood & Simmons, Chicago, Ill., Charles F. Hagan, Brooklyn, N. Y. (Werner H. Hutz, Wilmington, Del., of counsel), for appellee.

Before FINNEGAN and PARKINSON, Circuit Judges, and MERCER, District Judge.

PARKINSON, Circuit Judge.

The plaintiff, an Illinois corporation, hereinafter referred to as Diversey, instituted suit in the District Court for the Northern District of Illinois, Eastern Division, against the defendants Charles Pfizer and Co., Inc., a Delaware corporation, hereinafter referred to as Pfizer, and Dr. Pepper Bottling, Inc., an Illinois corporation, hereinafter referred to as Pepper.

The complaint charged both defendants with infringement in...

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