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WHITE v. E. L. BRUCE CO.

No. 9264.

162 F.2d 304 (1947)

WHITE et al. v. E. L. BRUCE CO.

Circuit Court of Appeals, Third Circuit.

Decided May 29, 1947.

Attorney(s) appearing for the Case

Newton A. Burgess, of New York City (William H. Foulk, of Wilmington, Del., John F. Ryan, of New York City, and John W. Maher, of Washington, D. C., on the brief), for appellant.

John J. Darby, of Washington, D. C. (Arthur G. Connolly, of Wilmington, Del., and C. Willard Hayes (of Cushman, Darby & Cushman), of Washington, D. C., on the brief), for appellee.

Before GOODRICH, McLAUGHLIN, and O'CONNELL, Circuit Judges.

GOODRICH, Circuit Judge.

In the District Court the plaintiffs (hereinafter referred to as White) brought a declaratory judgment suit against defendant (hereinafter referred to as Bruce or patent owner). The object of the suit was to get a declaration of invalidity and noninfringement of three patents owned by Bruce. The three patents are: Partee-Gray Patent 2,288,585, Partee-Gray Patent 2,341,161 (referred to hereafter as '161), and Partee Patent 2,276,253. White...

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