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LUKENS STEEL CO. v. AMERICAN LOCOMOTIVE CO.

Civ. 3596.

99 F.Supp. 442 (1951)

LUKENS STEEL CO. v. AMERICAN LOCOMOTIVE CO.

United States District Court N. D. New York.

July 11, 1951.

Attorney(s) appearing for the Case

Synnesvedt & Lechner, Philadelphia, Pa. (Raymond H. Synnesvedt and Alfred C. Aurich, Philadelphia, Pa., of counsel, Bartle Gorman, Utica, N. Y. Local Counsel), for plaintiff.

Kenyon & Kenyon, New York City (W. Houston Kenyon, Jr., Charles Dickerman Williams and J. Edward Shinn, all of New York City, of counsel, Miller, Hubbell & Evans, Utica, N. Y., by A. J. Monahan, Utica, N. Y. Local Counsel), for defendant.

BRENNAN, Chief Judge.

This is a patent infringement action. The validity of the patent in question is put in issue by the answer. That the plaintiff is estopped from asserting its claim of infringement was alleged both as an affirmative defense and as a counterclaim. The answer also contains a second counterclaim, which in substance alleges that the plaintiff holds its patent as a trustee for the benefit of the defendant and, therefore, should be enjoined from enforcing...

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