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GRIP-PAK, INC. v. ILLINOIS TOOL WORKS, INC.

No. 82-1119.

694 F.2d 466 (1982)

GRIP-PAK, INC., Plaintiff-Appellant, v. ILLINOIS TOOL WORKS, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 24, 1982.

As Amended on Denial of Rehearing and Rehearing January 12, 1983.

Attorney(s) appearing for the Case

Joel R. Bennett, Kendrick, Netter & Bennett, Los Angeles, Cal., for plaintiff-appellant.

Earl E. Pollock, Sonnenschein, Carlin, Nath & Rosenthal, Chicago, Ill., for defendant-appellee.

Before CUDAHY, Circuit Judge, WEICK, Senior Circuit Judge, and POSNER, Circuit Judge.

As Amended on Denial of Rehearing and Rehearing En Banc January 12, 1983.

POSNER, Circuit Judge.

The plaintiff, Grip-Pak, Inc., is a company engaged in — or at least aspiring to engage in — the business of producing plastic holders for "six-packs" of beer and other beverages. The defendant, Illinois Tool Works, Inc., is alleged to be the dominant manufacturer of such holders, and in particular to manufacture 90 percent of all plastic holders...

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