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KOOLVENT METAL AWNING CORPORATION v. GRAHAM

Civ. A. No. 25242.

82 F.Supp. 40 (1948)

KOOLVENT METAL AWNING CORPORATION OF AMERICA et al. (KOOL VENT METAL AWNING CO. OF MISSISSIPPI, Intervener) v. GRAHAM et al.

United States District Court N. D. Ohio, E. D.

September 23, 1948.

Attorney(s) appearing for the Case

Daniel H. Wasserman, of Cleveland, Ohio, and Coleman Harrison, of Pittsburgh, Pa., for plaintiff.

Ely & Frye and Albert L. Ely, Jr., all of Cleveland, Ohio, for defendants.

Jones, Day, Cockley & Reavis and Roger P. Brennan, all of Cleveland, Ohio, Semmes, Keegin, Robinson & Semmes and Curtis M. Clark, all of Washington, D. C., for intervenors.

WILKIN, District Judge.

This case was submitted upon the pleadings, stipulations, evidence, and briefs. The Complaint prayed for a Declaratory Judgment. It alleged that the plaintiff is engaged in licensing dealers to manufacture ventilated metal awnings; that defendants assert said awnings to be an infringement of Matthews Reissue Patent No. 21053; and that said Reissue Patent is not valid, and if valid, is not infringed by the construction manufactured by the plaintiff...

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