TIMKEN-DETROIT AXLE CO.
v.
ALMA MOTOR CO. (UNITED STATES, Intervener).
Circuit Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued April 18, 1944.
Decided August 7, 1944.
As Amended on Denial of Rehearing October 2, 1944.
Attorney(s) appearing for the Case
I. Joseph Farley, of Detroit, Mich., and Alexander L. Nichols, of Wilmington, Del. (Thomas J. Hughes, of Detroit, Mich., and Hugh M. Morris, of Wilmington, Del., on the brief), for appellant.
William A. Strauch, of Washington, D. C. (J. Matthews Neale and Strauch & Hoffman, all of Washington, D. C., and Clarence A. Southerland and Southerland, Berl & Potter, all of Wilmington, Del., on the brief), for plaintiff-appellee. Francis M. Shea, of Washington, D. C. (Gerald Gleeson, U. S. Atty., of Philadelphia, Pa., Lester P. Schoene and David L. Kreeger, Sp. Assts. to Atty. Gen., and Jerome H. Simonds, Atty., Dept. of Justice, of Washington, D. C., on the brief), for intervenor.
Before MARIS, GOODRICH, and McLAUGHLIN, Circuit Judges.
Circuit Court of Appeals, Third Circuit.
GOODRICH, Circuit Judge.
This action was brought under the Declaratory Judgment Act1 by the Timken-Detroit Axle Company (herein called "Timken") against Alma Motor Company (herein called "Alma"). The plaintiff in the action sought a declaration that certain patents owned by Alma covering a mechanism known as a "transfer case" which Alma had licensed Timken to use for a stipulated royalty were invalid and further that transfer cases manufactured...
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