GIRDLER CORPORATION v. E. I. DU PONT DE NEMOURS & CO.

Civil Action No. 414.

56 F.Supp. 871 (1944)

GIRDLER CORPORATION v. E. I. DU PONT DE NEMOURS & CO.

District Court, D. Delaware.

September 5, 1944.


Attorney(s) appearing for the Case

Charles H. Walker (of Fish, Richardson & Neave) and Clair W. Fairbank (of Dean, Fairbank & Hirsch), both of New York City, Virgil E. Woodcock, of Philadelphia, Pa., and James R. Morford (of Marvel & Morford), of Wilmington, Del., for plaintiff.

Chester H. Biesterfeld, Albert T. St. Clair, and Alexander L. Nichols (of Morris, Steel & Nichols), all of Wilmington, Del., for defendant.


LEAHY, District Judge.

Action for a declaratory judgment under 28 U.S.C.A. § 400 of invalidity of defendant's Pitman Reissue Patent No. 22,301. The patent relates to the use of high-frequency electric heating apparatus in the manufacture of adhesive bonded products. Defendant moves to dismiss the complaint for the reason that there is no actual controversy between the parties.1 If controversy exists, it must be either between defendant...

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