DEWEY & ALMY CHEMICAL CO. v. AMERICAN ANODE

Civ. A. No. 261.

47 F.Supp. 921 (1942)

DEWEY & ALMY CHEMICAL CO. v. AMERICAN ANODE, Inc.

District Court, D. Delaware.

November 19, 1942.


Attorney(s) appearing for the Case

Hugh M. Morris and Alexander L. Nichols, both of Wilmington, Del., and George P. Dike, Cedric W. Porter, and George P. Towle, Jr. (of Dike, Calver and Porter), all of Boston, Mass., for plaintiff.

Arthur G. Connolly, of Wilmington, Del., and Harrison F. Lyman and Edgar H. Kent, both of Boston, Mass., for defendant.


LEAHY, District Judge.

This is an action for declaratory judgment that defendant's patents Nos. 1,825,736 and 1,996,051, covering the production of latex rubber goods by the "coagulant dip" method, are invalid. Defendant has moved for summary judgment under Rule 56(b) of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c, on the ground that this court has no jurisdiction under the statute because there is no "actual controversy" between the parties....

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