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CONSOLIDATED PACKAGING MACHINERY CORPORATION v. GENERAL MILLS, INC.

Civil No. 66.

36 F.Supp. 112 (1940)

CONSOLIDATED PACKAGING MACHINERY CORPORATION v. GENERAL MILLS, Inc.

District Court, D. Delaware.

December 12, 1940.

Attorney(s) appearing for the Case

Alexander C. Neave, John Vaughan Groner, and Robert B. Whittredge (of Fish, Richardson & Neave), all of New York City, and Herbert L. Cohen, of Wilmington, Del., for plaintiff.

Arthur R. Wylie, of Minneapolis, Minn., Horace Dawson (of Dawson, Ooms & Booth), of Chicago, Ill., and Ayres J. Stockly (of Hastings, Stockly & Layton), of Wilmington, Del., for defendant.

NIELDS, District Judge.

This is a suit under the Declaratory Judgments Act, 28 U.S.C.A. § 400, to have defendant's patents declared void. Those patents are Anderson No. 1,772,824; Anderson No. 1,984,049; and Anderson No. 2,083,417. In its answer defendant, by way of counterclaim, alleges that plaintiff has infringed the exclusive rights of defendant in each of these patents.

Plaintiff moves for a summary judgment in its favor under Rule 56(a) and (b)...

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