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METROPOLITAN BODY CO. v. DIVCO CORP.

Civ. A. No. 5290.

94 F.Supp. 731 (1950)

METROPOLITAN BODY CO. v. DIVCO CORP. DIVCO CORP. v. METROPOLITAN BODY CO. et al.

United States District Court E. D. Michigan, S. D.

December 29, 1950.

Attorney(s) appearing for the Case

Daniel G. Cullen, Detroit, Mich., (Charles L. Byron, and Paul O. Pippel, Chicago, Ill., of counsel), for plaintiff and counter-defendants.

William A. Strauch and J. Matthews Neale and Strauch & Hoffman, all of Washington, D. C. (James D. Tracy and Dykema, Jones & Wheat, all of Detroit, Mich., of counsel), for defendant and counter-claimant.

KOSCINSKI, District Judge.

Plaintiff brought this suit under the Federal Declaratory Judgment Act, 28 U. S.C.A. §§ 2201, 2202, to secure adjudication of invalidity, for lack of invention, and also for adjudication of non-infringement, of seven patent claims under three patents owned by the defendant Divco Corporation, namely, 1,777,966, issued October 7, 1930 to Fageol, on application filed August 16, 1927, renewed February 21, 1930, relating to delivery...

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