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GODFREY L. CABOT, INC. v. BINNEY & SMITH CO.

Civil Action No. 1978.

46 F.Supp. 346 (1942)

GODFREY L. CABOT, Inc., v. BINNEY & SMITH CO.

District Court, D. New Jersey.

June 22, 1942.

Attorney(s) appearing for the Case

McCarter, English & Egner, of Newark, N. J. (Fish, Richardson & Neave, of Boston, Mass., of counsel), for plaintiff.

Bernard M. Shanley, of Boston, Mass. (Pennie, Davis, Marvin & Edmonds, of New York City, of counsel), for defendant.

SMITH, District Judge.

This is a suit under the patent laws and was instituted pursuant to and in accordance with the provisions of the Declaratory Judgment Act, 28 U.S.C.A. 400. The plaintiff herein, Godfrey L. Cabot, Inc., the seller of the alleged infringing product, brought this suit for declaratory judgment on January 16, 1942. The intervenor herein, Cabot Carbon Company, the manufacturer of the alleged infringing...

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