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TRIANGLE CONDUIT & CABLE CO. v. NATIONAL ELEC. PROD. CORP.

No. 8764.

149 F.2d 87 (1945)

TRIANGLE CONDUIT & CABLE CO., Inc., v. NATIONAL ELECTRIC PRODUCTS CORPORATION.

Circuit Court of Appeals, Third Circuit.

Decided April 12, 1945.

Attorney(s) appearing for the Case

John Hoxie, of New York City (Marvel & Morford, of Wilmington, Del., and Hoxie & Faithfull and George E. Faithfull, all of New York City, on the brief), for appellant.

Samuel E. Darby, Jr., of New York City (Southerland, Berl & Potter, of Wilmington, Del., and Floyd H. Crews, of New York City, on the brief), for appellee.

Before PARKER and GOODRICH, Circuit Judges, and BARD, District Judge.

BARD, District Judge.

This is an appeal from a judgment of the District Court invalidating Robinson and Moore patents Nos. 2,222,555 and 2,222,556 and Frederickson patent No. 1,828,772, and dismissing a counter-claim for infringement.

Plaintiff brought suit seeking a declaratory judgment to invalidate the Robinson and Moore and other patents and defendant brought a counter-claim seeking damages for infringement. The District Court

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