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SOUTHERN PHOSPHATE CORP. v. PHOSPHATE RECOVERY CORP.

No. 1094.

19 F.Supp. 960 (1937)

SOUTHERN PHOSPHATE CORPORATION v. PHOSPHATE RECOVERY CORPORATION.

District Court, D. Delaware.

May 12, 1937.

Attorney(s) appearing for the Case

E. Ennalls Berl (of Ward & Gray), all of Wilmington, Del., and William H. Davis (of Pennie, Davis, Marvin & Edmonds) and John F. Neary (of Hoguet, Neary & Campbell), all of New York City, and John C. Foster, of Washington, D. C., for plaintiff.

Hugh M. Morris and Robert H. Richards (of Richards, Layton & Finger), all of Wilmington, Del., and Henry D. Williams and Howard M. Morse (of Williams, Rich & Morse), all of New York City, for defendant.

NIELDS, District Judge.

In this suit Southern Phosphate Corporation, plaintiff, charges Phosphate Recovery Corporation, defendant, with infringement of claims 1, 2, and 3 of U. S. patent No. 1,467,354 to Niels C. Christensen for a "Process of Concentrating Oxidized Ores and Minerals," issued September 11, 1923. The principal defense is noninfringement.

This suit was commenced a few months after defendant had brought a suit in this court (No. 1087) against...

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