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OSTBY & BARTON CO. v. JUNGERSEN

Civ. No. 1438.

41 F.Supp. 552 (1941)

OSTBY & BARTON CO. v. JUNGERSEN.

District Court, D. New Jersey.

October 31, 1941.

Attorney(s) appearing for the Case

Milton, McNulty & Augelli, of Jersey City, N. J. (John Vaughan Groner, of New York City, of counsel), for plaintiff.

Milford Salny, of Netcong, N. J. (Karl W. Flocks, of Washington, D. C., of counsel), for defendant.

SMITH, District Judge.

This suit, which arises under the patent laws, was instituted pursuant to and in accordance with the provisions of the Declaratory Judgment Act, 28 U.S.C.A. § 400. The issues are those usually arising in a suit for patent infringement, to wit, validity and infringement. The plaintiff seeks a declaratory judgment on the said issues. The defendant moves to dismiss the complaint on the ground that the allegations thereof do not present an...

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