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BORIS v. MOORE

Civ. A. No. 4724.

152 F.Supp. 602 (1957)

Violet Virginia Kohagen BORIS, administratrix d.b.n.c.t.a. of the estate of F. C. Kohagen, deceased, and Martha Armonies and Georgiana Callahan and Lyle Trucker, Plaintiffs, v. James R. MOORE and Hamilton Manufacturing Company, a corporation, Defendants.

United States District Court E. D. Wisconsin.

June 12, 1957.

Attorney(s) appearing for the Case

Culhane & Culhane, Minneapolis, Minn., and John J. Burke and Gerald P. Hayes, Sr., Milwaukee, Wis., of counsel, for plaintiffs.

Leonard, Street & Deinard by Benedict S. Deinard, Minneapolis, Minn., Robert A. Hess, Milwaukee, Wis., of counsel, for defendant James R. Moore.

A. F. Rankin, Manitowoc, Wis., for defendant Hamilton Mfg. Co.

GRUBB, District Judge.

This action is brought for certain patent royalties, the rights to which are alleged to have arisen prior to October 1937. The complaint was dismissed as to the defendant Moore by order of this court of even date herewith, 152 F.Supp. 595, on the ground it failed to state a claim against him upon which relief could be granted.

The issue of liability having been severed from the issue of damages,...

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