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TRICO PRODUCTS CORPORATION v. ANDERSON CO.

No. 8614.

147 F.2d 721 (1945)

TRICO PRODUCTS CORPORATION v. ANDERSON CO.

Circuit Court of Appeals, Seventh Circuit.

March 7, 1945.

Attorney(s) appearing for the Case

Alfred P. Draper and Fred F. Eichhorn, both of Gary, Ind., Samuel E. Darby, Jr., of New York City, J. Bernhard Thiess, of Chicago, Ill., and Clarence M. Crews, of New York City, for appellant.

George I. Haight and M. K. Hobbs, both of Chicago, Ill., Edwin J. Bean, of St. Louis, Mo., Harrison Brooks, of Buffalo, N. Y., and Ralph G. Lockwood, of Indianapolis, Ind., for appellee.

Before EVANS, SPARKS, Circuit Judges, and LINDLEY, District Judge.

LINDLEY, District Judge.

Defendant's answer to plaintiff's suit for infringement of certain patents asserted invalidity and denied infringement. Defendant interposed also a counterclaim for a declaratory judgment of invalidity and noninfringement, which, upon plaintiff's motion, the District Court dismissed. This appeal questions the propriety of the dismissal, defendant insisting specifically that the court should have entertained the counterclaim for a declaratory...

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