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TIMKEN-DETROIT AXLE CO. v. ALMA MOTOR CO.

No. 198.

47 F.Supp. 582 (1942)

TIMKEN-DETROIT AXLE CO. v. ALMA MOTOR CO.

District Court, D. Delaware.

September 23, 1942.

Attorney(s) appearing for the Case

William A. Strauch, James A. Hoffman, J. Matthews Neale, and Strauch & Hoffman, all of Washington, D. C., and E. Ennalls Berl and Southerland, Berl & Potter, all of Wilmington, Del., for plaintiff.

S. Samuel Arsht, of Wilmington, Del., and George Rex Frye, of Detroit, Mich., for defendant.

KIRKPATRICK, District Judge.

In this action the plaintiff, under the Declaratory Judgment Act, asks the Court to determine certain questions of law and fact, arising in connection with the defendant's patent No. 2,173,044 (issued to Ruggles and Smith September 12, 1939) and an agreement by which the plaintiff became a licensee. The patent is for mechanism known as a transfer case — an auxiliary transmission by which...

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