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REFRIGERATION ENGINEERING v. YORK CORPORATION

No. 11642.

168 F.2d 896 (1948)

REFRIGERATION ENGINEERING, Inc. v. YORK CORPORATION. YORK CORPORATION v. REFRIGERATION ENGINEERING, Inc.

Circuit Court of Appeals, Ninth Circuit.

June 29, 1948.

Attorney(s) appearing for the Case

Lyon & Lyon, Frederick S. Lyon, Lewis E. Lyon and Charles G. Lyon, all of Los Angeles, Cal., for appellant Refrigeration Engineering.

Meserve, Mumper & Hughes, H. Calvin White and Shirley E. Meserve, all of Los Angeles, Cal. (Alexander C. Neave, Clarence D. Kerr and William J. O'Hearn, Jr., all of New York City, of counsel), for appellant, York Corporation.

Before MATHEWS, BONE and ORR, Circuit Judges.

BONE, Circuit Judge.

York Corporation (herein called plaintiff) brought this action in the district court for a declaratory judgment that the McAdam patent, No. 2,219,393, issued October 29, 1940, was invalid and for an injunction restraining Refrigeration Engineering, Inc. (herein called defendant), owner of the patent, from bringing or prosecuting any action charging plaintiff with infringing the patent. Defendant filed an answer which contained a counter-claim...

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