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INTERNATIONAL MIN. & CHEM. CORP. v. GOLDING-KEENE CO.

Civ. A. No. 7560.

162 F.Supp. 137 (1958)

INTERNATIONAL MINERALS AND CHEMICALS CORPORATION, Plaintiff, v. GOLDING-KEENE COMPANY, a corporation, and Grant S. Diamond, an individual, Defendants.

United States District Court W. D. New York.

February 20, 1958.

Attorney(s) appearing for the Case

Magavern, Magavern, Lowe & Gorman, Buffalo, N. Y. (Samuel D. Magavern, Buffalo, N. Y., of counsel), and Burns, Doane, Benedict & Irons, Harold S. Irons, Harold J. Birch, William W. Beckett, Washington, D. C., of counsel for plaintiff.

Hellings, Ulsh, Morey & Stewart, Buffalo, N. Y. (William I. Morey, Buffalo, N. Y., of counsel), and Hill, Sherman, Meroni, Gross & Simpson, Chicago, Ill. (Carlton Hill, Benjamin H. Sherman, Chicago, Ill., of counsel), for defendants.

MORGAN, District Judge.

This is an action for declaratory judgment pursuant to Title 28 U.S.C. section 2201, to determine an actual controversy existing between the parties with respect to the validity and infringement by plaintiff of United States Patent No. 2,765,074 issued on October 2, 1956 to defendant, Grant S. Diamond. The complaint was filed in this court on September 3, 1957; after various motions and stipulations, an answer was filed, which in effect denied...

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