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RYAN DISTRIBUTING CORPORATION v. CALEY

No. 8656.

147 F.2d 138 (1945)

RYAN DISTRIBUTING CORPORATION v. CALEY.

Circuit Court of Appeals, Third Circuit.

Decided January 17, 1945.

Attorney(s) appearing for the Case

Leonard L. Kalish, of Philadelphia, Pa. (Wm. Steell Jackson & Son and Wm. Steell Jackson, all of Philadelphia, Pa., and Arthur N. Klein, of Bayonne, N. J., on the brief), for appellant.

Cedric W. Porter, of Boston, Mass. (George P. Dike and Dike, Calver & Porter, all of Boston, Mass., and Kennard N. Ware and Howson & Howson, all of Philadelphia, Pa., on the brief), for appellee.

Before GOODRICH and McLAUGHLIN, Circuit Judges, and GANEY, District Judge.

GOODRICH, Circuit Judge.

Plaintiff, Ryan Distributing Corporation (called Ryan hereafter), sought a declaratory judgment under § 274d of the Judicial Code, 28 U.S.C.A. § 400, that United States patent, 1,945,932 for a Hair Curler or Waver granted on February 6, 1934 to defendant, Caley, is invalid or not infringed by plaintiff. Defendant's counterclaim, filed with his answer, alleged infringement by plaintiff and...

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