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THIOKOL CHEMICAL CORP. v. BURLINGTON INDUSTRIES, INC.

Nos. 19166, 71-1029 to 71-1031.

448 F.2d 1328 (1971)

THIOKOL CHEMICAL CORPORATION, Appellant in No. 19,166, v. BURLINGTON INDUSTRIES, INC., Appellant in Nos. 71-1030 and 71-1031, and Avisun Corporation. Appeal of AVISUN CORPORATION, Appellant in No. 71-1029.

United States Court of Appeals, Third Circuit.

Decided September 7, 1971.

Attorney(s) appearing for the Case

William C. Conner, Curtis, Morris & Safford, New York City, for Thiokol in 19166 and as appellee in 71-1029/31. (Thomas S. Lodge, Connolly, Bove & Lodge, Wilmington, Del., Gordon K. Lister, Curtis, Morris & Safford, Joseph A. McManus, James E. Hughes, Hugh F. Fitzgerald, Coudert Brothers, New York City, on the brief).

C. Frederick Leydig, Chicago, Ill., for appellant Avisun Corp. in No. 71-1029 and appellee in Nos. 19166 and 71-1030/1 (Aubrey B. Lank, Theisen, Lank & Kelleher, Wilmington, Del., Dennis R. Schlemmer, Wolfe, Hubbard, Leydig, Voit & Osann, Chicago, Ill., William T. McClain, William B. Ross, Chicago, Ill., Theisen, Lank & Kelleher, Wilmington, Del., Wolfe, Hubbard, Leydig, Voit & Osann, Chicago, Ill., on the brief).

Wallace D. Newcomb, Paul & Paul, Philadelphia, Pa., for appellant Burlington Industries in Nos. 71-1030/1 and as appellees in No. 19166 and 71-1029 (Edward B. Maxwell, 2nd, Young, Conaway, Stargatt & Taylor, Wilmington, Del., Hyde W. Ballard, Norristown, Pa., on the brief).

Before HASTIE, Chief Judge, and SEITZ and ALDISERT, Circuit Judges.

OPINION OF THE COURT

HASTIE, Circuit Judge.

These consolidated appeals are from judgments in two consecutive suits each filed in the District Court for the District of Delaware by the manufacturer of certain carpet backing against owners of certain patents to obtain declaratory judgments as to the validity of the patents and their possible infringement by the plaintiffs.

The complaint in the first suit acknowledges that the defendants have granted...

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