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STEELE v. WEAN

No. 5745.

37 F.Supp. 839 (1941)

STEELE v. WEAN et al.

District Court, N. D. Ohio, E. D.

February 12, 1941.

Attorney(s) appearing for the Case

Osborne Mitchell (of Mitchell & Mitchell), of Youngstown, Ohio, and Archworth Martin, of Pittsburgh, Pa., for plaintiff.

H. H. Hoppe, of Warren, Ohio, and Stebbins, Blenko & Parmelee, of Pittsburgh, Pa. (Walter J. Blenko, of Pittsburgh, Pa., of counsel), for defendants.

WILKIN, District Judge.

This cause is instituted in accordance with the provisions of 35 U.S.C.A. § 66, and asks for summary judgment by virtue of the Declaratory Judgment Act, Section 400, Title 28 U.S.C., 28 U.S.C.A. § 400. An answer was filed, admitting the patents but denying other essential averments of the bill of complaint. A motion for summary judgment was then filed, and the case submitted upon the pleadings, the patents in dispute, file wrappers...

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