UNION CARBIDE CORPORATION v. GRAVER TANK & MFG. CO.

Civ. No. 607.

243 F.Supp. 358 (1963)

UNION CARBIDE CORPORATION v. GRAVER TANK & MFG. CO., Inc., and the Lincoln Electric Company.

United States District Court N. D. Indiana, Hammond Division.

August 27, 1963.


Attorney(s) appearing for the Case

James A. Fowler, Jr., Cahill, Gordon, Reindel & Ohl, New York City, Richard R. Wolfe, C. Frederick Leydig, Wolfe, Hubbard, Voit & Osann, Chicago, Ill., Nathan Levy, Crumpacker, May, Levy & Searer, South Bend, Ind., for plaintiff Union Carbide Corp.

Edward A. Haight, Haight, Simmons, & Hofeldt, Chicago, Ill., Dugald S. McDougall, Ooms, McDougall & Hersh, Chicago, Ill., Thomas V. Koykka, James R. Stewart, Arter, Hadden, Wykoff & Van Duzer, Cleveland, Ohio, Charles Bomberger, Hammond, Ind., for defendants Graver Tank & Mfg. Co., Inc., and the Lincoln Electric Co.


SWYGERT, District Judge.

This case is before the court on plaintiff's application for judgment pursuant to the Court of Appeals' mandate which directs that the judgment heretofore entered be vacated, and that plaintiff's damages be computed in accordance with the views expressed in the Court of Appeals' opinion dated August 31, 1960. 282 F.2d 653 (7th Cir. 1960).

The issues to be decided are:

1. The significance of...

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