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BENDIX CORPORATION v. BALAX, INC.

No. 71-1483.

471 F.2d 149 (1972)

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

United States Court of Appeals, Seventh Circuit.

November 29, 1972.

Rehearing and Rehearing Denied January 6, 1973.

Attorney(s) appearing for the Case

Maxwell H. Herriott and Thomas O. Kloehn, Louis H. Parent, Milwaukee, Wis., for defendants-appellees.

Edward L. Foote and Brian A. Loftus, Daniel C. McEachran, Chicago, Ill., John R. Collins, Milwaukee, Wis., Harold S. Barron, Secretary and Gen. Counsel, Bendix Center, Southfield, Mich., for plaintiffs-appellants.

Before HASTINGS, Senior Circuit Judge, and CUMMINGS and SPRECHER, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 6, 1973.

SPRECHER, Circuit Judge.

This appeal involves primarily the scope of the retroactive application of Lear, Inc. v. Adkins, 395 U.S. 653, 89 S.Ct. 1886, 23 L.Ed.2d 610 (1969).

I

This suit was commenced on June 17, 1964, seeking to enjoin, and for an accounting of profits and damages resulting from, defendants' alleged infringement of three patents owned...

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