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DELCO CHEMICALS v. CEE-BEE CHEMICAL CO.

Civ. No. 17387.

157 F.Supp. 583 (1957)

DELCO CHEMICALS, Inc., a corporation, Plaintiff, v. CEE-BEE CHEMICAL CO., Inc., a corporation, Defendant.

United States District Court S. D. California, Central Division.

December 11, 1957.

Attorney(s) appearing for the Case

Fulwider, Mattingly & Huntley, Robert W. Fulwider, Walter P. Huntley, John M. Lee, Los Angeles, Cal., and John A. Weyl, Hollywood, Cal., for plaintiff.

Carlos G. Stratton and Louis M. Welsh, Los Angeles, Cal., for defendant.

MATHES, District Judge.

Plaintiff brought this action for a declaration of invalidity and non-infringement as to United States Letters Patent No. 2,653,116. 28 U.S.C. §§ 1338(a), 2201. Defendant answered with a counterclaim for damages for alleged infringement. Plaintiff now moves for a summary judgment declaring the patent invalid. Fed.R.Civ.P., Rule 56, 28 U.S. C.A.

The motion is based upon the pleadings...

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