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U. S. INDUSTRIAL CHEMICALS v. CARBIDE & CARB. CHEM. CORP.

67 F.Supp. 895 (1946)

U. S. INDUSTRIAL CHEMICALS, Inc., v. CARBIDE & CARBON CHEMICALS CORPORATION.

District Court, S. D. New York.

May 15, 1946.

Attorney(s) appearing for the Case

Pennie, Davis, Marvin & Edmonds, of New York City (Dean S. Edmonds, Frank E. Barrows, and Roger T. McLean, all of New York City, of counsel), for plaintiff.

Watson, Bristol, Johnson & Leavenworth, of New York City (L. A. Watson, C. V. Johnson, and T. R. V. Fike, all of New York City, of counsel), for defendant.

COXE, District Judge.

This is a suit for a declaratory judgment decreeing that the Lefort reissue patent, No. 22,241, issued December 29, 1942, for a process for the production of ethylene oxide, owned by the defendant, is invalid and void as to all claims and not infringed by the plaintiff.

The plaintiff is the owner of a large plant at Baltimore, Maryland, which, for a considerable period prior to November 1942, was engaged in the production of ethylene...

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