UMPHREY v. McGRAW-EDISON COMPANY

No. 68 C 1148.

294 F.Supp. 75 (1969)

Donald M. UMPHREY and Douglas J. Marsden, Plaintiffs, v. McGRAW-EDISON COMPANY, Defendant.

United States District Court N. D. Illinois, E. D.

January 13, 1969.


Attorney(s) appearing for the Case

Samuel B. Smith, Kane, Dalsimer, Kane, Sullivan & Smith, New York City, Albert H. Pendleton and Gregory B. Beggs, Pendleton, Newman, Seibold & Williams, Chicago, Ill., for plaintiffs.

Chas. F. Meroni, Sr., James Van Santen, Hill, Sherman, Meroni, Gross & Simpson, Chicago, Ill., for defendant; Charles A. Prudell, Elgin, Ill., of counsel.


MEMORANDUM AND ORDER ON PLAINTIFFS' MOTION TO DISMISS DEFENDANT'S COUNTERCLAIM

ROBSON, District Judge.

The plaintiffs in this diversity action have moved to dismiss the defendant's counterclaim. This court is of the opinion that the motion should be granted.

On June 10, 1958, the parties entered into an agreement, drafted by the defendant, which granted the defendant "an exclusive license * * * under the patent application Serial No. 639,266 filed...

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