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R. G. LE TOURNEAU v. GAR WOOD INDUSTRIES

No. 10752.

151 F.2d 432 (1945)

R. G. LE TOURNEAU, Inc., v. GAR WOOD INDUSTRIES, Inc.

Circuit Court of Appeals, Ninth Circuit.

October 18, 1945.

Attorney(s) appearing for the Case

Webster & Webster and Percy S. Webster, all of Stockton, Cal., and Naylor & Lassagne and Theodore H. Lassagne, all of San Francisco, Cal., for appellant.

Lyon & Lyon, Frederick S. Lyon, Leonard S. Lyon, and Reginald E. Caughey, all of Los Angeles, Cal. (Harness, Dickey & Pierce and Wm. Edward Hann, all of Detroit, Mich., of counsel), for appellee.

Before: GARRECHT, MATHEWS, and STEPHENS, Circuit Judges.

STEPHENS, Circuit Judge.

Plaintiff brought action for the infringement of certain letters patent owned by it, and prayed for injunctive relief and for an accounting of profits and damages. Defendant by its answer denied the charge of infringement, attacked the validity of the patents, and counterclaimed under the declaratory judgment statute, 28 U.S.C.A. § 400, for affirmative relief on the ground that plaintiff had knowledge of the invalidity of the patents...

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