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SANFORD RESEARCH CO. v. EBERHARD FABER PEN AND PENCIL CO.

Nos. 15994, 15995.

379 F.2d 512 (1967)

SANFORD RESEARCH COMPANY and Sanford Ink Company, Plaintiffs-Appellants (Cross-Appellees), v. EBERHARD FABER PEN AND PENCIL CO., Inc., Defendant-Appellee (Cross-Appellant).

United States Court of Appeals Seventh Circuit.

Rehearing Denied July 25, 1967.

Attorney(s) appearing for the Case

John N. Cooper, New York City, D. D. Allegretti, Bair, Freeman & Molinare, Chicago, Ill., (for Eberhard Faber). Pern E. Henninger, Cooper, Dunham, Dearborn & Henninger, New York City, of counsel.

Richard R. Trexler, Richard Bushnell, Edward H. Hickey, Chicago, Ill., James B. Moran, Chicago, Ill., for Sanford Research. Olson, Trexler, Wolters & Bushnell, Bell, Boyd, Lloyd, Haddad & Burns, Chicago, Ill., of counsel.

Before DUFFY, Senior Circuit Judge, KNOCH and CUMMINGS, Circuit Judges.

DUFFY, Senior Circuit Judge.

Plaintiffs sought damages and injunctive relief for alleged patent infringement [Count I] and for unfair competition [Count II]. The District Court decided for the defendant on each count. In addition, the District Court awarded the defendant the sum of $11,000 as attorney fees on the ground that Count II of the complaint was brought "without justifiable grounds, was baseless and vexatious."

Plaintiffs appeal from the judgment...

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