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BRIGGS v. WIX CORPORATION

Civ. A. Nos. 65-C-1307, 65-C-1308, 65-C-1683-65-C-1685.

308 F.Supp. 162 (1969)

Southwick W. BRIGGS and Stone Filter Company, Inc., Plaintiffs, v. WIX CORPORATION, Western Auto Supply Company, Montgomery Ward & Company and Sears, Roebuck & Company, and Fram Corporation, Defendants.

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

July 25, 1969.

Attorney(s) appearing for the Case

Walther E. Wyss, Robert L. Rohrback, Mason, Kolehmainen, Rathburn & Wyss, Chicago, Ill., for plaintiffs.

Halfpenny, Hahn & Ryan, Chicago, Ill., and W. R. Hulbert, Fish, Richardson & Neave, Boston, Mass., for defendant Fram Corp.

Charles B. Cannon, Chicago, Ill., for Wix Corp., Western Auto Supply, Montgomery Ward & Co. & Sears Roebuck (In 65 C 1308, 1683-1685).

Edward W. Osann, Jr., Wolfe, Hubbard, Voit & Osann, Chicago, Ill., for Gould Natl. Batteries (65 C 2073).

Prangley, Baird, Clayton, Miller & Vogel, Chicago, Ill., for Montgomery Ward in No. 65 C 1684.

Nathan N. Kraus, Arnstein, Gluck, Weitzenfeld & Minow, Chicago, Ill., for Sears Roebuck & Co. in 65 C 1685.

James W. Dent, Washington, D. C., for Wix Corp. in 65 C 1308.

FINDINGS OF FACT, CONCLUSIONS OF LAW, MEMORANDUM, ORDER AND JUDGMENT.

CAMPBELL, Chief Judge.

This is a patent infringement action. Plaintiffs originally filed six separate actions against the named defendants1 accusing each of them with infringement of claims Nos. '9, 10 and 11 of patent No. 2,395,449. (Hereinafter referred to as '449), which was originally issued to plaintiff Southwick W. Briggs ("Briggs") on February 26, 1946...

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