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FERRY-HALLOCK CO. v. FROST

Civil No. 471.

33 F.Supp. 27 (1940)

FERRY-HALLOCK CO., Inc., v. FROST et al.

District Court, E. D. New York.

May 8, 1940.

Attorney(s) appearing for the Case

Gifford, Scull & Burgess, of New York City (Newton A. Burgess and H. H. Hamilton, both of New York City, of counsel), for plaintiff.

Lyman E. Dodge, of New York City, for defendants.

BYERS, District Judge.

Plaintiff petitions for a declaratory judgment that Frost United States Letters Patent No. 2,157,407 are invalid and have not been infringed by it. This because an actual controversy exists between the parties on that subject, and because defendants "are representing to purchasers, prospective purchasers and users of" plaintiff's product that infringement of the said Frost patent is involved in the manufacture, sale and use of plaintiff's device...

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