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OSTBY & BARTON CO. v. JUNGERSEN

No. 1438.

65 F.Supp. 652 (1946)

OSTBY & BARTON CO. v. JUNGERSEN.

District Court, D. New Jersey.

May 7, 1946.

Attorney(s) appearing for the Case

Milton, McNulty & Augelli and John L. Milton, Jr., all of Jersey City, N. J. (Fish, Richardson & Neave, John Vaughan Groner and John B. Cunningham, all of New York City, and Edwards & Angell, of Providence, R. I., and Edward Winsor, of Providence, R. I., of counsel), for plaintiff.

George D. Richards, of Newark, N. J., (Cooper, Kerr & Dunham, Drury W. Cooper, and John N. Cooper, Jr., all of New York City, and Karl W. Flocks, of Washington, D. C., of counsel), for defendant.

MEANEY, District Judge.

This is an action for a declaratory judgment instituted under section 274d of the Judicial Code, 28 U.S.C.A. § 400 and under the patent laws, and plaintiff seeks a declaration of invalidity and non-infringement of Jungersen Patent No. 2,118,468.

Defendant, Jungersen, the owner of the patent in suit, by counterclaim alleges infringement by plaintiff, Ostby & Barton, of the said patent...

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