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APEX ELECTRICAL MFG. CO. v. ALTORFER BROS. COMPANY

Nos. P-1258, P-1259.

130 F.Supp. 152 (1955)

The APEX ELECTRICAL MANUFACTURING COMPANY, Individually and as Trustee, Plaintiff, v. ALTORFER BROS. COMPANY, Defendant. The APEX ELECTRICAL MANUFACTURING COMPANY, and J. G. DeRemer Research Corp., Plaintiffs, v. ALTORFER BROS. COMPANY, Defendant.

United States District Court S. D. Illinois, N. D.

January 10, 1955.

Attorney(s) appearing for the Case

Richey Watts, Edgerton & McNenny, F. O. Richey, H. F. Schneider and Donald W. Farrington and H. F. McNenny, Cleveland, Ohio, Sours, Newell & Nicol, William C. Nicol, Peoria, Ill., McAfee, Grossman, Taplin, Hanning, Newcomer & Hazlett, Isador Grossman, Cleveland, Ohio, for plaintiffs.

Hill, Sherman, Meroni, Gross & Simpson, Carlton Hill, Charles F. Meroni and Donald Simpson, Chicago, Ill., Eugene R. Johnson (of Miller, Westervelt, Johnson & Thomason), Peoria, Ill., for defendant.

ADAIR, District Judge.

The Court finds that:

Nature of Litigation & Description of Parties.

1. Civil Action No. P-1258 was filed on March 29, 1951, for infringement of two patents of James B. Kirby, No. 1,969,176, issued August 7, 1934, and No. 2,105,218 issued January 11, 1938, both now expired.

2. The plaintiff, in said suit, the Apex Electrical Manufacturing Company, as Trustee, is a corporation of the State of Ohio and a citizen of...

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