JOHNSTON v. ATLAS MINERAL PRODUCTS CO. OF PENNSYLVANIA

No. 9526.

140 F.2d 282 (1944)

JOHNSTON v. ATLAS MINERAL PRODUCTS CO. OF PENNSYLVANIA.

Circuit Court of Appeals, Sixth Circuit.

February 7, 1944.


Attorney(s) appearing for the Case

F. O. Richey, of Cleveland, Ohio (F. O. Richey, H. F. McNenny, J. D. Douglass, and Richey & Watts, all of Cleveland, Ohio, on the brief), for appellant.

George J. Harding, of Philadelphia, Pa. (George J. Harding and Daniel Lowenthal, both of Philadelphia, Pa., and Whittemore, Hulbert & Belknap and Clarence B. Zewadski, all of Detroit, Mich., on the brief), for appellee.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.


HICKS, Circuit Judge.

Suit under the Declaratory Judgment Act. Sec. 274d of the Judicial Code, 28 U.S.C.A. § 400.

Appellant, James C. Johnston, was the patentee-owner of Patent No. 1,979,470 for a "Method of Joining Bell and Spigot Pipe Sections." The patent was previously adjudged valid and infringed in a suit by Johnston's licensees against certain users of products manufactured by The Atlas Mineral Products Company of Pennsylvania, appellee here and...

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