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PETERSIME INCUBATOR CO. v. BUNDY INCUBATOR CO.

No. 391.

43 F.Supp. 446 (1942)

PETERSIME INCUBATOR CO. v. BUNDY INCUBATOR CO.

District Court, S. D. Ohio, W. D.

January 12, 1942.

Attorney(s) appearing for the Case

Toulmin & Toulmin, of Dayton, Ohio (H. A. Toulmin, H. A. Toulmin, Jr., and Rowan A. Greer, all of Dayton, Ohio, of counsel), for plaintiff.

Albert L. Ely, of Cleveland, Ohio, and John M. Cole, of Springfield, Ohio (Ely & Frye, of Cleveland, Ohio, and Cole & Hodge, of Springfield, Ohio, of counsel), for defendant.

NEVIN, District Judge.

This is a suit under the Federal Declaratory Judgment Act, Section 274d Judicial Code, 28 U.S.C.A. § 400, and under the patent laws of the United States. In the pleadings the question of the validity and claimed infringement of two patents is involved, to-wit: United States Letters Patent Nos. 1,911,249 and 1,911,250, both issued May 30, 1933, to Frank E. Stover and now owned by defendant, The Bundy Incubator Company. The two patents relate...

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