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MOJONNIER DAWSON CO. v. U. S. DAIRIES SALES CORP.

Nos. 11784-11786.

251 F.2d 345 (1958)

The MOJONNIER DAWSON COMPANY, an Illinois corporation, Plaintiff-Appellant, v. U. S. DAIRIES SALES CORPORATION et al., Defendants-Appellees (two cases). The MOJONNIER DAWSON COMPANY, an Illinois corporation, Plaintiff-Appellee, v. U. S. FILLER EQUIPMENT, Inc., et al., Defendants-Appellants.

United States Court of Appeals Seventh Circuit.

As Corrected February 5, 1958.

Rehearing Denied February 13, 1958.

Attorney(s) appearing for the Case

John F. McCanna, Oak Park, Ill., for Mojonnier Dawson Co.

Richard E. Voland, Howard W. Clement, Chicago, Ill., for U. S. Dairies Sales.

Sheldon W. Witcoff, Louis Bernat, Chicago, Ill., for U. S. Miller Equipment.

Before FINNEGAN, SCHNACKENBERG and HASTINGS, Circuit Judges.

SCHNACKENBERG, Circuit Judge.

In count I of its second amended complaint, filed September 27, 1954, plaintiff alleged infringement by defendants1 of claims 1, 6 and 7 of Mojonnier United States reissue patent No. 23,830, and, in count III, alleged unfair competition and aggravation of the infringement by defendants.

The Brasile defendants filed an answer, denying infringement, and a counterclaim charging plaintiff with unfair competition...

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