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HAZELTINE RESEARCH, INC. v. DAGE ELECTRIC COMPANY, INC.

No. 12490.

271 F.2d 218 (1959)

HAZELTINE RESEARCH, INC., Plaintiff-Appellant, v. DAGE ELECTRIC COMPANY, INC., Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Petition for Rehearing Withdrawn November 16, 1959.

Attorney(s) appearing for the Case

Edward A. Ruestow, Little Neck, N. Y., M. Hudson Rathburn, Chicago, Ill., W. Houston Kenyon, Jr., New York City, Leroy Eason, Little Neck, N. Y., Mason, Kolehmainen, Rathburn & Wyss, Chicago, Ill., of counsel, for appellant.

Theodore W. Anderson, Jr., Chicago, Ill., C. B. Dutton, Indianapolis, Ind., Olson, Mecklenburger, von Holst, Pendleton & Neuman, Chicago, Ill., of counsel, for appellee.

Before SCHNACKENBERG, PARKINSON and KNOCH, Circuit Judges.

PARKINSON, Circuit Judge.

Plaintiff-appellant, Hazeltine Research, Inc. (Hazeltine), brought this action for infringement of its Patent No. 2,540,012 against Dage Electric Company, Inc. (Dage), defendant-appellee. Dage counterclaimed for a declaratory judgment of invalidity and noninfringement. The District Court found the patent invalid and dismissed the complaint, but also found the patent, if valid, to have been infringed. This appeal followed.

The patent...

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