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STIFFEL COMPANY v. SEARS, ROEBUCK & CO.

Civ. A. No. C-172-G-57.

162 F.Supp. 637 (1958)

The STIFFEL COMPANY, Plaintiff, v. SEARS, ROEBUCK & CO., Defendant.

United States District Court M. D. North Carolina, Greensboro Division.

May 28, 1958.

Attorney(s) appearing for the Case

Welch Jordan, Greensboro, N. C., Casper W. Ooms, Robert C. Williams and Max R. Kraus, Chicago, Ill., for plaintiff.

Thornton H. Brooks, Greensboro, N. C., Lederer, Livingston, Kahn & Adsit and Frank H. Marks, Chicago, Ill., for defendant.

STANLEY, District Judge.

This is a suit for patent infringement wherein the plaintiff charges the defendant with infringement of a mechanical patent and a design patent, both pertaining to a lighting fixture. Also included in the complaint is a count for alleged unfair competition. Both counts are predicated on the alleged sale by the defendant of the same item. Jurisdiction of this court is invoked under 28 U.S.C.A. § 1338(a, b) and 28 U.S.C.A. § 1400(b...

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