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AMERICAN TYPE FOUNDERS v. LANSTON MONOTYPE MACH. CO.

No. 8148.

137 F.2d 728 (1943)

AMERICAN TYPE FOUNDERS, Inc., v. LANSTON MONOTYPE MACH. CO.

Circuit Court of Appeals, Third Circuit.

Decided August 4, 1943.

Attorney(s) appearing for the Case

Martin M. Reed, of Brooklyn, N. Y., for appellant.

Francis S. Bensel, of New York City (Larkin, Rathbone & Perry, of New York City, and Donahue, Irwin & Gest, of Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, JONES, and GOODRICH, Circuit Judges.

BIGGS, Circuit Judge.

The plaintiff, American Type Founders, Inc., is engaged in the business of designing and manufacturing type. The defendant, Lanston Monotype Machine Company, manufactures and sells monotype machines and matrices for use with such machines. The plaintiff filed a complaint pursuant to the provisions of the Federal Declaratory Judgments Act, Act of June 14, 1934, 48 Stat. 955, as amended, 28 U.S.C.A. § 400, seeking an adjudication as to whether...

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