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UNARCO INDUSTRIES, INC. v. KELLEY COMPANY

No. 71-1522.

465 F.2d 1303 (1972)

UNARCO INDUSTRIES, INC., an Illinois corporation and Overhead Door Corporation, an Indiana corporation, Plaintiffs-Appellees, v. KELLEY COMPANY, Inc., a Wisconsin corporation, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 7, 1972.

Attorney(s) appearing for the Case

Norman C. Skogstad, Grafton, Wis., David L. Petersen, Elwin J. Zarwell, and John S. Sammond, Milwaukee, Wis., for defendant-appellant.

Stanley J. Adelman and Frederic S. Lane, Chicago, Ill., for plaintiffs-appellees.

Before DUFFY, Senior Circuit Judge, DURFEE, Senior Associate Judge and ESCHBACH, District Judge.

DUFFY, Senior Circuit Judge.

This is a suit for declaratory relief seeking the proper construction of a written agreement. The critical question is whether or not the patent license herein considered was assignable without the consent of the licensor. The District Court held the agreement to be assignable. A motion to restrain production and sale of the patented product pending a decision by the District Court was held in abeyance and finally denied.

The principal...

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