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CREAMERY PACKAGE MFG. CO. v. CHERRY-BURRELL CORP.

No. 7503.

115 F.2d 980 (1940)

CREAMERY PACKAGE MFG. CO. v. CHERRY-BURRELL CORPORATION et al.

Circuit Court of Appeals, Third Circuit.

November 30, 1940.

Attorney(s) appearing for the Case

Geo. W. Hansen, of Chicago, Ill. (Thiess, Olson & Mecklenburger and M. Hudson Rathburn, all of Chicago, Ill., and Busser & Harding, of Philadelphia, Pa., of counsel), for plaintiff-appellant.

Hugh M. Morris and Alexander L. Nichols, both of Wilmington, Del. (Clair W. Fairbank, of New York City, of counsel), for defendants-appellees.

Before BIGGS, MARIS, and GOODRICH, Circuit Judges.

MARIS, Circuit Judge.

This appeal is from an order of the District Court for the District of Delaware dismissing a complaint in an action brought by the plaintiff under the Federal Declaratory Judgment Act, Sec. 274d of the Judicial Code, 28 U.S.C.A. § 400. The defendants, the Girdler Corporation and the Cherry-Burrell Corporation, are the owner and sole licensee, respectively, of the Vogt reissue patent No. 21,406. The plaintiff manufactures and sells an ice...

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