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ZEPHYR AMERICAN CORPORATION v. BATES MFG. CO.

Civil Action No. 23.

43 F.Supp. 893 (1941)

ZEPHYR AMERICAN CORPORATION v. BATES MFG. CO. et al.

District Court, D. New Jersey.

August 22, 1941.

Attorney(s) appearing for the Case

Wall, Haight, Carey & Hartpence, of Jersey City, N. J. (Darby & Darby, by Samuel E. Darby, Jr., and Donald J. Overocker, all of New York City, of counsel), for plaintiff.

Gifford, Scull & Burgess, by Newton A. Burgess, all of New York City, for defendants.

FAKE, District Judge.

This is a declaratory judgment proceeding in which the plaintiff seeks to have two patents declared invalid. They are designated respectively as the Drucker patent No. 1,895,409, the sole ownership of which is in the defendant corporation, and the Peter patent No. 2,115,537, which the defendant Peter owns subject to an exclusive license in the defendant Bates Manufacturing Company to use it and manufacture and sell under it in the United States...

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