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CARBORUNDUM COMPANY v. NATIONAL TEA COMPANY

No. 12286.

262 F.2d 277 (1958)

The CARBORUNDUM COMPANY, Plaintiff-Appellant, v. NATIONAL TEA COMPANY, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

December 29, 1958.

Attorney(s) appearing for the Case

William H. Webb, Pittsburgh, Pa., Edward C. Grelle, Chicago, Ill., Webb, Mackey & Burden, Pittsburgh, Pa., Brown, Jackson, Boettcher & Dienner, Chicago, Ill., of counsel, for appellant.

Harry C. Alberts, Chicago, Ill., Richard Blum, New York City, Mock & Blum, New York City, of counsel, for appellee.

Before DUFFY, Chief Judge, and SCHNACKENBERG and HASTINGS, Circuit Judges.

DUFFY, Chief Judge.

Plaintiff claims infringement of Eastman Patent No. 2,650,158, dated August 25, 1953, which relates to scouring or scrubbing implements. Defendant is a large vendor of the accused scrubbing implements which are manufactured by Scrubbee Products Corporation. Although not a formal party, Scrubbee has conducted the defense to this suit and has been in complete control thereof. Except in one minor respect, the trial court adopted defendant's proposed...

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