FOOD MACHINERY & CHEM. CORP. v. WALKER PROCESS EQUIP., INC.

No. 14466.

335 F.2d 315 (1964)

FOOD MACHINERY AND CHEMICAL CORPORATION, Plaintiff-Appellee, v. WALKER PROCESS EQUIPMENT, INC., Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied August 14, 1964.


Attorney(s) appearing for the Case

Edward A. Haight, Chicago, Ill., Louis Robertson, Arlington Heights, Ill., John W. Hofeldt, Daniel F. Webb, Jr., Chicago, Ill., for defendant-appellant, Haight, Simmons & Hofeldt, Chicago, Ill., Darbo, Robertson & Vandenburgh, Arlington Heights, Ill., of counsel.

Sheldon O. Collen, R. Howard Goldsmith, Chicago, Ill., Charles W. Ryan, Chicago, Ill., for plaintiff-appellee, Dressler, Goldsmith, Clement, Gordon & Ladd, Friedman, Koven, Salzman, Koenigsberg, Specks & Homer, Chicago, Ill., of counsel.

Before CASTLE, KILEY and SWYGERT, Circuit Judges.


KILEY, Circuit Judge.

The questions before us are whether the district court erred in striking, for failure to state a claim upon which relief could be granted, Rule 12(b) (6), Fed.R.Civ.P., the second amended counterclaim of Walker Process Equipment, Inc., which alleges that Food Machinery and Chemical Corporation violated the federal anti-trust laws by maintaining and enforcing a patent which was obtained through fraud upon the Patent Office; and whether the district...

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