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CROOK v. BENDIX AVIATION CORPORATION

Civil Action No. 755.

68 F.Supp. 449 (1946)

CROOK et al. v. BENDIX AVIATION CORPORATION.

District Court, D. Delaware.

November 12, 1946.

Attorney(s) appearing for the Case

Prentice E. Edrington and Thurman Arnold, of Washington, D. C., and Killoran & VanBrunt, of Wilmington, Del., for plaintiffs.

L. H. Sutton, W. B. Kerkam, and G. W. Daisley (of Cameron, Kerkam & Sutton), all of Washington, D. C., and Hugh M. Morris (of Morris, Steel, Nichols & Arsht), of Wilmington, Del., for defendant.

LEAHY, District Judge.

1. Count 3 seeks to have the four patents issued to Hyland and Nowosielski, assignors of defendant Bendix, assigned to plaintiffs on the ground defendant is trustee ex maleficio. It appears the theory of the complaint is that the patents are invalid1 because Hyland and Nowosielski are not the first inventors of the subject matter of the specifications and claims of those patents. Plaintiffs' prayer (b) is: "Declaratory...

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