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FREDERICK HART & CO. v. RECORDGRAPH CORPORATION

Civil Action No. 999.

73 F.Supp. 146 (1947)

FREDERICK HART & CO., Inc., v. RECORDGRAPH CORPORATION.

District Court, D. Delaware.

September 8, 1947.

Attorney(s) appearing for the Case

Thomas Cooch (Marvel & Morford) of Wilmington, Del., Willis H. Taylor, Jr., John T. Farley, and Harold A. Traver (Pennie, Edmonds, Morton & Barrows) all of New York City, for plaintiff.

Robert H. Richards, Jr. (Richards, Layton & Finger), of Wilmington, Del., George T. Bean, Robert M. Anstett, and Ralph L. Chappell (Kenyon & Kenyon, all of New York City for defendant.

RODNEY, District Judge.

The present matter is based upon a suit for a declaratory judgment that fifteen numbered patents owned by the defendant are invalid and are not infringed by the plaintiff. The immediate problem is the disposition of certain motions of the defendant. The defendant has moved (1) to dismiss the complaint under Federal Rules of Civil Procedure, rule 12(b) (1), 28 U.S.C.A. following section 723c, on the...

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