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YARDLEY CREATED PRODUCTS CO. v. CLOPAY CORPORATION

No. 14144.

324 F.2d 932 (1963)

YARDLEY CREATED PRODUCTS CO., Plaintiff-Appellee, v. CLOPAY CORPORATION, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied December 18, 1963.

Attorney(s) appearing for the Case

Byron, Hume, Groen & Clement, Chicago, Ill., Wood, Herron & Evans, Cincinnati, Ohio, Attorneys for defendant-appellant.

Truman A. Herron, Cincinnati, Ohio, Henry L. Brinks, Chicago, Ill., James S. Hight, Cincinnati, Ohio, for appellant.

Thomas E. Dorn, Chicago, Ill., Wallace, Kinzer & Dorn, Chicago, Ill., for appellee.

Before SCHNACKENBERG, KNOCH and SWYGERT, Circuit Judges.

KNOCH, Circuit Judge.

Plaintiff-appellee, Yardley Created Products Co. (sometimes hereinafter called "Yardley"), brought action in the United States District Court for declaratory judgment that Reissue Letters Patent Re. 25,112, owned by defendant-appellant, Clopay Corporation, (sometimes hereinafter called "Clopay") is not infringed by the folding doors manufactured by Yardley, and is invalid and void. Clopay filed its answer and counterclaim denying the allegations...

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