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PHILLIPS PETROLEUM CO. v. ESSO STANDARD OIL CO.

Civ. 3065.

91 F.Supp. 215 (1950)

PHILLIPS PETROLEUM CO. v. ESSO STANDARD OIL CO.

United States District Court D. Maryland.

February 14, 1950.

Attorney(s) appearing for the Case

Thomas W. Y. Clark, of Baltimore, Md., J. Bernhard Thiess, Thorley von Holst, Sidney Neuman, and Robert W. Poore, all of Chicago, Ill., and T. B. Hudson, J. A. Young, and J. O. Turner all of Bartlesville, Okl., for plaintiff.

William L. Marbury, of Baltimore, Md., Theodore S. Kenyon and Malvin R. Mandelbaum, of New York City, Benjamin B. Schneider, of Chicago, Ill., and James K. Small, of Elizabeth, N. J., for defendant.

WILLIAM C. COLEMAN, Chief Judge.

The sole question presented is whether the Court should grant defendant's motion, made at the close of the trial of this patent suit, for an award of reasonable attorney's fees upon the entry of judgment.

Defendant's motion is based upon Section 70 of Title 35 of the United States Code Annotated, as amended August 1, 1946, which provides that "The court may in its discretion award reasonable attorney's fees to the prevailing...

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