CLARK EQUIPMENT CO. v. KELLER

Nos. 76-1918 and 76-2009.

570 F.2d 778 (1978)

CLARK EQUIPMENT COMPANY and Clark Equipment, A. G., Appellants-Appellees, v. Louis J. KELLER and Cyril N. Keller, Appellees-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided February 17, 1978.


Attorney(s) appearing for the Case

John D. Kelly, Vogel, Vogel, Brantner & Kelly, Fargo, N. D., Fred E. Schulz, Thomas D. Allen, Kay Schichtel, Wildman, Harrold, Allen, & Dixon, Chicago, Ill., Jack Toliver, Buchanan, Mich., for Clark Equipment.

Malcolm L. Moore and Herman H. Bains, Williamson, Bains & Moore, Minneapolis, Minn., for Keller, et al.

Before GIBSON, Chief Judge, and HEANEY and WEBSTER, Circuit Judges.


GIBSON, Chief Judge.

The two consolidated cases underlying the present appeal and cross-appeal arise out of a patent license contract whereunder Louis and Cyril Keller, residents of North Dakota, granted exclusive licenses on three interrelated patents to Clark Equipment Company, a corporation incorporated under the laws of Delaware and with its principal place of business in Michigan. In a similar license agreement, the Kellers granted to Clark Equipment A.G. (CEAG...

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