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NATIONAL DAIRY PRODUCTS CORPORATION v. BORDEN COMPANY

Nos. 16149-16153.

394 F.2d 887 (1968)

NATIONAL DAIRY PRODUCTS CORPORATION, Plaintiff-Appellant, v. The BORDEN COMPANY and Hayssen Manufacturing Company (16149); Safeway Stores, Incorporated, and Hayssen Manufacturing Company (16150); Frigo Brothers Cheese Corporation and Hayssen Manufacturing Company (16151); L. D. Schreiber & Co., Inc., L. D. Schreiber Cheese Co., Inc., and Hayssen Manufacturing Company (16152); Concord Cheese Corporation and Hayssen Manufacturing Company (16153); Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

Rehearings Denied June 12, 1968.

Attorney(s) appearing for the Case

Victor P. Kayser, C. Lee Cook, Joseph V. Giffin, Edwin M. Luedeka, Donald W. Carlin, Chicago, Ill., for plaintiff-appellant, Anderson, Luedeka, Fitch, Even & Tabin, Chadwell, Keck, Kayser, Ruggles & McLaren, Chicago, Ill., Paul R. Puerner, Michael, Best & Friedrich, Milwaukee, Wis., of counsel.

Charles F. Meroni, Charles F. Meroni, Jr., Hill, Sherman, Meroni, Gross & Simpson, Chicago, Ill., for defendants-appellees.

Herman J. Gordon, Jack Shore, Dressler, Goldsmith, Clement & Gordon, Chicago, Ill., for L. D. Schreiber & Co. and L. D. Schreiber Cheese Co., Inc.

Curtis B. Morsell, Morsell & Morsell, Milwaukee, Wis., for Hayssen Mfg. Co.

Before HASTINGS, Chief Judge, and CASTLE and SWYGERT, Circuit Judges.

SWYGERT, Circuit Judge.

This suit for patent infringement was brought by National Dairy Products Corporation under Patent No. 2,919,990 (Podlesak) which was issued January 5, 1960 on an application filed June 22, 1955 by H. G. Podlesak, G. H. Kraft, and R. E. Miller. These men were employees of Kraft Foods, a division of National Dairy. The patent covers a method for packaging cheese. Five defendants are cheese packagers who use the method charged to infringe. Hayssen...

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