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TRIANGLE CONDUIT & CABLE CO. v. NATIONAL ELEC. P. CORP.

Civil Action No. 196.

38 F.Supp. 533 (1941)

TRIANGLE CONDUIT & CABLE CO., Inc., v. NATIONAL ELECTRIC PRODUCTS CORPORATION.

District Court, D. Delaware.

April 22, 1941.

Attorney(s) appearing for the Case

Samuel E. Darby, Jr. (of Darby & Darby), of New York City, and E. Ennalls Berl (of Southerland, Berl, Potter & Leahy), of Wilmington, Del., for plaintiff.

John Hoxie and W. Peters Blanc (of Pennie, Davis, Marvin & Edmonds), both of New York City and Josiah Marvel, Jr. (of Marvel & Morford), of Wilmington, Del., for defendant.

NIELDS, District Judge.

There are three motions in the above action: (1) Defendant's motion for summary judgment; (2) plaintiff's motion for leave to amend the complaint; and (3) plaintiff's motion for a preliminary injunction.

This is a suit for a declaratory judgment under section 274d of the Judicial Code, U.S.C.A. Title 28, § 400. Jurisdiction is based on the patent statutes.

The complaint alleges: That plaintiff is a corporation of New York...

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