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STEWART-WARNER CORP. v. WESTINGHOUSE ELECTRIC CORP.

Civ. No. 9254.

249 F.Supp. 975 (1965)

STEWART-WARNER CORPORATION, Plaintiff, v. WESTINGHOUSE ELECTRIC CORPORATION, Defendant, and Canadian Westinghouse Company Ltd., Intervenor-Defendant.

United States District Court W. D. New York.

As Corrected November 10, 1965.

Attorney(s) appearing for the Case

Bean, Brooks, Buckley & Bean, Buffalo, N. Y., Augustus G. Douvas, Chicago, Ill. (Edwin T. Bean, Buffalo, N. Y., of counsel), for plaintiff.

Jaeckle, Fleischmann, Kelly, Swart & Augspurger, Buffalo, N. Y., Ralph H. Swingle, Pittsburgh, Pa. (Charles K. Rice, Buffalo, N. Y., of counsel), for defendants.

HENDERSON, District Judge.

Stewart-Warner Corporation commenced this action with the filing of a complaint charging Westinghouse Electric Corporation with infringement of McLennan Patent #2,489,305. Subsequently, Stewart-Warner amended its complaint to allege notice to Westinghouse and contributory infringement. Westinghouse answered denying the validity of the patent, infringement and contributory infringement and interposed several affirmative defenses.

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