NEVIN, District Judge.
On January 12, 1940, plaintiff filed its complaint in this court under the Declaratory Judgment Statute asking that Stuart Patent No. 1,802,094, dated April 21, 1931 (for a Turbine), be held invalid. Plaintiff prays "for Judgment that the Stuart patent No. 1,802,094 is invalid, and providing for a permanent injunction restraining defendant from threatening plaintiff or its customers with suits or claims of infringement
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