Package Machinery Co. v. Hayssen Manufacturing Co., 12513.
| Decision Date | 01 May 1959 |
| Docket Number | No. 12513.,12513. |
| Parties | PACKAGE MACHINERY COMPANY, a Massachusetts corporation, Plaintiff-Appellant, v. HAYSSEN MANUFACTURING COMPANY, a Wisconsin corporation, William A. Hayssen, Henry E. Knoechel, and Alfred Gausman, Defendants-Appellees. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Ira Milton Jones, Milwaukee, Wis., Howard J. Churchill, New York City, for appellant.
Curtis B. Morsell, Milwaukee, Wis., Herbert S. Humke, Sheboygan, Wis., for appellee.
Before SCHNACKENBERG, PARKINSON and KNOCH, Circuit Judges.
Package Machinery Company, a Massachusetts corporation, has appealed from an order of the district court entered under the authority of rule 41(b) of the Federal Rules of Civil Procedure,1 dismissing with prejudice an action brought by it against Hayssen Manufacturing Company, a Wisconsin corporation, William A. Hayssen, Henry E. Knoechel, and Alfred Gausman.
The proceedings culminating in the dismissal order appear in the opinion of the district judge, 164 F.Supp. 904. The ready availability of that opinion to the bench and bar makes unnecessary a recital of those proceedings by us.
Plaintiff's action was commenced on January 20, 1955, and the order involved in this appeal was entered September 9, 1958. During the proceedings in the district court, covering a period of 3 years 7 months, the efforts of that court were exerted to compel plaintiff to make a more specific statement of the trade secrets which in its complaint it had charged, only in a general way, were obtained and utilized by defendants. As the district court said, at page 910:
We are convinced that plaintiff's unyielding determination not to define the trade secrets which it claimed were pirated by defendant...
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