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GOLDSMITH METAL LATH CO. v. MILCOR STEEL CO.

Civ. No. 82.

53 F.Supp. 778 (1943)

GOLDSMITH METAL LATH CO. v. MILCOR STEEL CO.

District Court, D. Delaware.

December 21, 1943.

Attorney(s) appearing for the Case

Joseph Handler, of Wilmington, Del., and Edwin Levisohn (of Levisohn, Niner & Levisohn), of New York City, for plaintiff.

Caleb S. Layton (of Richards, Layton & Finger), of Wilmington, Del., and George L. Wilkinson (of Wilkinson, Huxley, Byron & Knight), of Chicago, Ill., for defendant.

BIGGS, Circuit Judge.

The plaintiff, The Goldsmith Metal Lath Company, referred to hereinafter as Goldsmith, brought this suit pursuant to the Declaratory Judgment Act, Judicial Code section 274d, 28 U.S.C.A. § 400, seeking to have two patents, Holdsworth No. 2,105,770 and No. 2,150,061, adjudged invalid and for other relief. The defendant, Milcor Steel Company, hereinafter referred to as Milcor, filed a counterclaim alleging that Goldsmith had infringed both...

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