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BERGSTROM v. SEARS, ROEBUCK AND CO.

No. 78-1779.

599 F.2d 62 (1979)

Theodore R. BERGSTROM and Thermograte Enterprises, Inc., Appellees, v. SEARS, ROEBUCK AND CO. and Cardinal Foundry & Supply Company, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 14, 1979.

Attorney(s) appearing for the Case

D. Dennis Allegretti, Allegretti, Newitt, Witcoff & McAndrews, Chicago, Ill. (argued), and Charles E. Steffey, Schroeder, Siegfried, Ryan, Vidas & Steffey, Minneapolis, Minn., on brief, for appellant.

John D. Gould, Merchant, Gould, Smith, Edell, Welter & Schmidt, P.A., Minneapolis, Minn. (argued), and Douglas J. Williams, Minneapolis, Minn., on brief, for appellees.

Before BRIGHT and STEPHENSON, Circuit Judges, and BOGUE, District Judge.

PER CURIAM.

Plaintiffs Theodore R. Bergstrom and Thermograte Enterprises, Inc. began an action in 1975 against Defendants Sears, Roebuck and Co. and Cardinal Foundry and Supply Company alleging patent infringement, deceptive trade practices, and unfair competition concerning the sale of fireplace grates. In their Answer the Defendants denied infringement and affirmatively pleaded the invalidity of the patent. Pursuant to Defendants' motion and under Federal Rule of...

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