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CORNELL v. CHASE BRASS & COPPER CO.

48 F.Supp. 979 (1943)

CORNELL v. CHASE BRASS & COPPER CO., Inc.

District Court, S. D. New York.

February 18, 1943.

Attorney(s) appearing for the Case

Henry J. Lucke and A. K. Wing, both of New York City, for plaintiff.

Frederick S. Duncan and Seymour Scott Jackson, both of New York City, and H. A. Toulmin, Jr., of Dayton, Ohio, for defendant.

RIFKIND, District Judge.

I. Pleadings.

This action was commenced in June, 1941, as a conventional patent infringement suit seeking both an injunction and an accounting. The answer put in issue the validity of the patent and the infringement. By the time the cause was reached for trial the pleadings had lost that convenient simplicity. In an amended answer defendant added appropriate allegations under the Declaratory Judgment Act of 1934, 28 U.S.C.A. §...

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