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FOSTER WHEELER CORP. v. BABCOCK & WILCOX CO.

No. 76 Civ. 1224 (WCC).

440 F.Supp. 897 (1977)

FOSTER WHEELER CORPORATION and Foster Wheeler Energy Corporation, Plaintiffs, v. BABCOCK & WILCOX COMPANY, Defendant.

United States District Court, S. D. New York.

September 27, 1977.

Attorney(s) appearing for the Case

Harold E. Kennedy, Marvin A. Naigur, New York City (Rothschild, Barry & Myers, Norman J. Barry, Joseph P. Della Maria, Jr., Chicago, Ill., of counsel), Lane Aitken, Dunner & Ziems, Washington, D. C. (Donald R. Dunner, Washington, D. C. of counsel), for plaintiffs.

Bryan & Bollo, P.C., Stamford, Conn. (Roland T. Bryan, Harold E. Drumm, James A. Quinton, Stamford, Conn., of counsel), Sullivan & Cromwell, New York City (George C. Kern, Jr., New York City, of counsel), for defendant.

MEMORANDUM AND ORDER

CONNER, District Judge.

This action, for a declaratory judgment that U.S. patents Nos. 3,834,358 and 3,927,646 owned by defendant Babcock & Wilcox Co. (B & W) are invalid and not infringed by any steam generators which plaintiff Foster-Wheeler Corporation (FWC) has contracted to construct, is before the Court on a welter of motions:

1. The motion of B & W:

(a) for a partial summary judgment that five steam...

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