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APPLETON ELECTRIC CO. v. EFENGEE ELECTRICAL SUPPLY CO.

No. 17304.

412 F.2d 579 (1969)

APPLETON ELECTRIC COMPANY, Plaintiff-Appellant, v. EFENGEE ELECTRICAL SUPPLY COMPANY, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

June 23, 1969.

Attorney(s) appearing for the Case

Howard H. Darbo, E. C. Vandenburgh, Darbo, Robertson & Vandenburgh, Arlington Heights, Ill., for plaintiff-appellant; Jon L. Liljequist, Chicago, Ill., of counsel.

George N. Hibben, Arlie O. Boswell, Jr., Chicago, Ill., Herbert A. Huebner, Huebner & Worrel, Los Angeles, Cal., Hibben, Noyes & Bicknell, Chicago, Ill., for defendant Efengee Electrical Supply Co.

Before CASTLE, Chief Judge, FAIRCHILD, Circuit Judge, and BEAMER, District Judge.

CASTLE, Chief Judge.

Plaintiff instituted this action in the district court charging defendant with infringement of plaintiff's Appleton United States patent number 2,917,263. Defendant filed an answer and a motion for summary judgment, alleging that the relevant claims 3 and 5 of the above patent, which were charged by plaintiff to have been infringed, were invalid. Plaintiff opposed defendant's motion and filed its own motion for summary judgment. The district Court...

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