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TRANSPARENT-WRAP MACHINE CORP. v. STOKES CO.

No. 208.

329 U.S. 637 (1947)

67 S.Ct. 610

91 L.Ed. 563

TRANSPARENT-WRAP MACHINE CORP. v. STOKES & SMITH CO.

Supreme Court of United States.

Decided February 3, 1947.

Attorney(s) appearing for the Case

R. Morton Adams argued the cause and filed a brief for petitioner.

Samuel E. Darby, Jr. argued the cause for respondent. With him on the brief was Virgil E. Woodcock.

Acting Solicitor General Washington, Assistant Attorney General Sonnet and Paul A. Sweeney filed a brief for the United States, as amicus curiae, in support of respondent.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

This is a suit for a declaratory judgment (Judicial Code § 274d, 28 U.S.C. § 400) and an injunction, instituted by respondent for the determination of the legality and enforceability of a provision of a patent license agreement. The District Court, whose jurisdiction was based on diversity of citizenship (Judicial Code § 24 (1), 28 U.S.C. § 41 (1...

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