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BENDIX CORPORATION v. BALAX, INC.

No. 64-C-170.

321 F.Supp. 1095 (1971)

The BENDIX CORPORATION and Sellew Corporation, Plaintiffs, v. BALAX, INC. and John M. Van Vleet, Defendants.

United States District Court, E. D. Wisconsin.

January 8, 1971.

Attorney(s) appearing for the Case

Foley & Lardner, by John R. Collins, Milwaukee, Wis., Winston, Straen, Smith & Patterson, by Edward L. Foote, Chicago, Ill., for plaintiffs.

Quarles, Herriott, Clemons, Teschner & Noelke, by Thomas O. Kloehn, Milwaukee, Wis., for Balax, Inc.

Erbstoeszer, Cleary & Zabel, by Louis H. Parent, Milwaukee, Wis., for John M. Van Vleet.

DECISION

MYRON L. GORDON, District Judge.

On January 30, 1970, the court of appeals vacated a district court judgment which had dismissed Balax's anti-trust counterclaim against Bendix. 421 F.2d 809, 821 (7th Cir. 1970). The court of appeals remanded the case for reconsideration of the anti-trust issue.

The court of appeals commented, at page 821:

"* * * the...

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