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DAIRY FOODS INCORPORATED v. DAIRY MAID PRODUCTS COOP.

Nos. 13338, 13421.

297 F.2d 805 (1961)

DAIRY FOODS INCORPORATED, Plaintiff-Appellee, v. DAIRY MAID PRODUCTS COOPERATIVE, Defendant-Appellant, v. CARNATION COMPANY, a corporation, Foremost Dairies, Inc., a corporation, and Pet Milk Company, a corporation, Counter-Defendants-Appellees (two cases).

United States Court of Appeals Seventh Circuit.

December 18, 1961.

Attorney(s) appearing for the Case

Leon E. Isaksen, Madison, Wis., Melville C. Williams, Chicago, Ill., Joseph G. Werner, Madison, Wis., Orr, Isaksen, Werner & Lathrop, Madison, Wis., Pope, Ballard, Uriell, Kennedy, Shepard & Fowle, Chicago, Ill., of counsel, for appellant.

James P. Hume, Chicago, Ill., Julian O. von Kalinowski, Los Angeles, Cal., Wayne D. Hudson, San Francisco, Cal., Byron, Hume, Groen & Clement, Chicago, Ill., Gibson, Dunn & Crutcher, Los Angeles, Cal., of counsel, for appellees.

Before SCHNACKENBERG, CASTLE and KILEY, Circuit Judges.

CASTLE, Circuit Judge.

Dairy Foods Incorporated, plaintiff-appellee, brought suit in the District Court against Dairy Maid Products Cooperative, defendant-appellant, for infringement of a patent. Defendant's answer raises issues of validity and infringement of the patent, alleges misuse of the patent in furtherance of a conspiracy in violation of the antitrust laws,1 and asserts two counterclaims...

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