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HOWARD INDUSTRIES, INC. v. RAE MOTOR CORPORATION

No. 12568.

267 F.2d 430 (1959)

HOWARD INDUSTRIES, INC., a Corporation, Plaintiff-Appellee, v. RAE MOTOR CORPORATION, a Corporation, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

May 27, 1959.

Attorney(s) appearing for the Case

Jerome J. Foley, Rex Capwell, Jr., Racine, Wis., George J. Kuehnl, Racine, Wis., for appellant.

Carroll R. Heft, Glenn R. Coates, Racine, Wis., for appellee.

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

PARKINSON, Circuit Judge.

Plaintiff-appellee Howard Industries, Inc. (Howard) filed this action in the District Court to enjoin the defendant-appellant Rae Motor Corporation (Rae) from manufacturing, using or marketing its electric motors in a motor casing confusingly similar in appearance to that of Howard, and for damages.

The District Court, by pre-trial conference order, separated the issues on liability and damages and, following a bench trial on the...

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