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ROBERTS v. SEARS, ROEBUCK & CO.

Nos. 77-1354 and 77-1499.

573 F.2d 976 (1978)

Peter M. ROBERTS, Plaintiff-Appellant, Cross-Appellee, v. SEARS, ROEBUCK AND COMPANY, a corporation, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 3, 1978.

Attorney(s) appearing for the Case

Peter D. Kasdin, Burton Y. Weitzenfeld, Chicago, Ill., for Sears, Roebuck.

Louis G. Davidson, John B. Davidson, Robert B. Patterson, Chicago, Ill., for Roberts.

Before CASTLE, Senior Circuit Judge, SPRECHER and BAUER, Circuit Judges.

SPRECHER, Circuit Judge.

The major issues in this case are whether the district court properly declined to decide the validity of plaintiff's patent in a suit for fraud, breach of a confidential relationship and negligent misrepresentation in defendant's procurement of an assignment of plaintiff's patent rights and whether the district court properly concluded that plaintiff had elected his legal remedies and, therefore, was barred from seeking his equitable remedies...

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