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CORY CORPORATION v. SAUBER

No. 12479.

267 F.2d 802 (1959)

CORY CORPORATION and Mitchell Manufacturing Company, Delaware corporations, Plaintiffs-Appellees, v. Ernest J. SAUBER, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

June 8, 1959.

Attorney(s) appearing for the Case

Charles K. Rice, Asst. Atty. Gen., Grant W. Wiprud, Lee A. Jackson, A. F. Prescott, Attys., Dept. of Justice, Washington, D. C., Donald S. Lowitz, Asst. U. S. Atty., Robert Tieken, U. S. Atty., Chicago, Ill., for appellant.

Edwin A. Rothschild, Stanford Clinton, Sidney M. Perlstadt, Chicago, Ill., for appellee.

Before DUFFY, Chief Judge, and SCHNACKENBERG, HASTINGS, PARKINSON, KNOCH and CASTLE, Circuit Judges.

SCHNACKENBERG and HASTINGS, Circuit Judges, on Petition for Rehearing en Banc.

Plaintiffs joined with defense counsel in a stipulation in the district court that

"The air conditioners in suit and similar air conditioners on which assessments have been made are sometimes hereinafter collectively referred to as plaintiff's air conditioners. "* * * the present civil actions are prototype or test cases to determine whether plaintiff's air conditioners...

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