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ALBERTO-CULVER COMPANY v. ANDREA DUMON, INC.

Nos. 18892, 18893.

466 F.2d 705 (1972)

ALBERTO-CULVER COMPANY, Plaintiff-Appellant and Cross-Appellee, v. ANDREA DUMON, INC., Defendant-Appellee and Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 29, 1972.

Attorney(s) appearing for the Case

Robert D. Silver, Melrose Park, Ill., Beverly W. Pattishall, Robert M. Newbury, Raymond I. Geraldson, Jr., Chicago, Ill., for plaintiff-appellant; Pattishall, McAuliffe & Hofstetter, Chicago, Ill., of counsel.

David Chaimovitz, Chicago, Ill., for defendant-appellee.

Before PELL, STEVENS and SPRECHER, Circuit Judges.

STEVENS, Circuit Judge.

Plaintiff's principal argument is that defendant's president gave false testimony at his deposition and therefore the district court should have ruled against the defendant on the merits even if plaintiff's claims were otherwise defective. Counts alleging trademark infringement, unfair competition, and dilution were dismissed at the close of plaintiff's case; at the end of the trial the district court...

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