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HESS v. PETRILLO

No. 12290.

259 F.2d 735 (1958)

Frank HESS, Plaintiff-Appellant, v. James Caesar PETRILLO, Leroy New, and Lloyd E. Wilson, all individually and as members of and on behalf of and as representatives of all the other members of the American Federation of Musicians, affiliated with the AFL-CIO, and Ross Christena, Art Gordon, Al Davis, Herbert Marks, Oscar White, Roland Muse, Billy Craydon and Joe Franklyn, and Many Others All Booking Agents, Licensed By The American Federation of Musicians, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

October 17, 1958.

Attorney(s) appearing for the Case

George Rose, Indianapolis, Ind., for appellant.

Daniel F. Cummings, Indianapolis, Ind., Stephen I. Schlossberg, Henry Kaiser, Washington, D. C., Clarence R. Martin and Leroy K. New, Indianapolis, Ind., Van Arkel & Kaiser, Washington, D. C., for appellees.

Before DUFFY, Chief Judge, HASTINGS, Circuit Judge, and WHAM, District Judge.

DUFFY, Chief Judge.

Plaintiff is a professional musician and for more than ten years has been a member of the American Federation of Musicians (hereinafter called the Union). Plaintiff invented an electronic combination of twelve musical instruments in one unit which can be played by one person. He received a patent on his invention dated March 12, 1957.

Plaintiff filed this suit in the United States District Court...

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