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PAMBELLO v. HAMILTON COSCO, INC.

Nos. 15910, 15911.

377 F.2d 445 (1967)

Samuel M. PAMBELLO, Plaintiff-Appellant (Appellee in No. 15911), v. HAMILTON COSCO, INC., Defendant-Appellee (Appellant in No. 15911).

United States Court of Appeals Seventh Circuit.

May 10, 1967.

Attorney(s) appearing for the Case

Bernard Gerb, New York, N. Y., Norman Lettvin, Chicago, Ill., Bair, Freeman & Molinare, Chicago, Ill., for plaintiff-appellant cross-appellee. Stewart J. Fried, Ostrolenk, Faber, Gerb & Soffen, New York City, of counsel.

Verne A. Trask, Jack W. Hanley, Indianapolis, Ind., Trask, Jenkins & Hanley, Indianapolis, Ind., for defendant-appellee cross-appellant.

Before CASTLE, KILEY and CUMMINGS, Circuit Judges.

CASTLE, Circuit Judge.

Samuel M. Pambello, plaintiff, the owner of Pambello U. S. Patent No. 3,054,637, instituted this action in the District Court against Hamilton Cosco, Inc., defendant, charging infringement of the patent. The defendant denied infringement, asserted that the patent is invalid, and counter-claimed for a declaratory judgment to that effect. By pre-trial stipulation the issues of validity and infringement were limited to claims 6, 7 and 8 of the...

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