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GENERAL RADIO COMPANY v. SUPERIOR ELECTRIC COMPANY

No. 14077.

321 F.2d 857 (1963)

GENERAL RADIO COMPANY, Defendant, Appellant, v. The SUPERIOR ELECTRIC COMPANY, Plaintiff, Appellee.

United States Court of Appeals Third Circuit.

Decided August 23, 1963.

Rehearing Denied October 23, 1963.

Attorney(s) appearing for the Case

Robert H. Rines, Rines & Rines, Boston, Mass. (Harry B. Rook, Newark, N. J., David Rines, Boston, Mass., on the brief), for appellant.

Frank L. Bate, Newark, N. J., Stephen H. Philbin, Fish, Richardson & Neave, New York City (Shanley & Fisher, Newark, N. J., Ernest M. Junkins, Bridgeport, Conn., on the brief), for appellee.

Before STALEY and SMITH, Circuit Judges, and SHAW, District Judge.

Rehearing Denied En Banc October 23, 1963.

William F. SMITH, Circuit Judge.

SMITH, Circuit Judge.

The plaintiff, having been notified that an article of its manufacture infringed a patent owned by the defendant, brought this action under the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202, seeking an adjudication of the controversy. The defendant filed an answer and counterclaim charging the plaintiff with patent infringement and unfair...

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