BRUMBY METALS, INC. v. BARGEN

No. 12680.

275 F.2d 46 (1960)

BRUMBY METALS, INC., Plaintiff-Appellee, v. William James BARGEN, Minnesota Mining and Manufacturing Company, Configured Tube Products Company, and Schoolco, Inc., Defendants. William James Bargen, Appellant.

United States Court of Appeals Seventh Circuit.

February 15, 1960.


Attorney(s) appearing for the Case

Robert C. Williams, Casper W. Ooms, Theodore R. Scott, Chicago, Ill., for defendant-appellant, William James Bargen.

Harold D. Field, Jr., Minneapolis, Minn., Robert A. Hess, Milwaukee, Wis., Benedict Deinard, Minneapolis, Minn., for plaintiff-appellee Brumby Metals, Inc. Leonard, Street & Deinard, Minneapolis, Minn., Hess & Chernov, Milwaukee, Wis., of counsel.

Before SCHNACKENBERG and KNOCH, Circuit Judges, and MERCER, District Judge.


KNOCH, Circuit Judge.

Defendant, William James Bargen, has appealed from a preliminary injunction and supplementary mandatory injunctive order entered by the District Court.

Plaintiff, a Georgia corporation, sought (1) declaratory judgment determining its rights under a license agreement, (2) restraint of alleged violations of that agreement, (3) damages therefor, and (4) other appropriate relief.

The facts as found by the District Court are largely...

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