GREEN v. AEROSOL RESEARCH COMPANY

No. 15821.

374 F.2d 791 (1967)

Edward H. GREEN and Newman-Green, Inc., Plaintiffs-Appellants, v. AEROSOL RESEARCH COMPANY, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

February 17, 1967.


Attorney(s) appearing for the Case

Joseph D. Block, Myron C. Cass, Chicago, Ill., for appellants, Aaron, Aaron, Schimberg & Hess, Silverman & Cass, Chicago, Ill., of counsel.

John J. Crown, Marshall W. Sutker, Eugene T. Noonan, Chicago, Ill., for appellee, Raymond, Mayer, Jenner & Block, Dressler, Goldsmith, Clement & Gordon, Chicago, Ill. of counsel.

Before KNOCH, KILEY and CUMMINGS, Circuit Judges.


KNOCH, Circuit Judge.

The plaintiffs, Edward H. Green and Newman-Green, Inc., brought suit charging infringement of United States Letters Patent #3,045,877. The defendant, Aerosol Research Company, set up in its answer an affirmative defense based on a prior agreement between the parties. After a separate trial on this affirmative defense alone, severed by stipulation of the parties, the District Court entered a decree sustaining that defense and dismissing the complaint...

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