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HICKORY SPRINGS MFG. CO. v. FREDMAN BROS. FUR. CO., INC.

Nos. 73-1170, 73-1171.

509 F.2d 55 (1975)

HICKORY SPRINGS MANUFACTURING COMPANY, Plaintiff-Appellant, v. FREDMAN BROTHERS FURNITURE COMPANY, INC., and Harry Fredman, Defendants-Appellees. HICKORY SPRINGS MANUFACTURING COMPANY, Plaintiff-Cross-Appellee, v. Harry FREDMAN, Defendant-Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 14, 1975.

Rehearing and Rehearing Denied March 5, 1975.

Attorney(s) appearing for the Case

Ronald B. Schertz and Tim Swain, II, Peoria, Ill., Dalbert U. Shefte, Charlotte, N. C., for Hickory Springs Mfg.

Lyle W. Allen, Peoria, Ill., Harvey B. Jacobson, Jr., Washington, D. C., for Fredman Brothers Furniture Co.

Before CASTLE, Senior Circuit Judge, PELL, Circuit Judge, and GRANT, Senior District Judge.

Rehearing and Rehearing En Banc Denied March 5, 1975.

PELL, Circuit Judge.

In May 1970, Hickory Springs Manufacturing Company (Hickory Springs), a manufacturer of furniture hardware, introduced to its customers a metal bed device called the "Hi-Co Slatless" rails. The next month, Harry Fredman of Fredman Brothers Furniture Company, Inc., wrote Hickory Springs and one of its customers warning them that the Hi-Co Slatless bed rails infringed Fredman's Patent...

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