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EXCEL AUTO RADIATOR CO. v. BISHOP & BABCOCK MFG. CO.

No. 10548.

167 F.2d 962 (1948)

EXCEL AUTO RADIATOR CO. v. BISHOP & BABCOCK MFG. CO.

Circuit Court of Appeals, Sixth Circuit.

As Amended on Denial of Rehearing June 2, 1948.

Attorney(s) appearing for the Case

Foster York, of Chicago, Ill. (Max W. Zabel, Foster York, and Edward U. Dithmar, all of Chicago, Ill., and Truman A. Herron, of Cincinatti, Ohio, on the brief), for appellant.

Arthur H. Boettcher, of Chicago, Ill. (Arthur H. Boettcher and Arthur C. Johnson, both of Chicago, of counsel; Brown, Jackson, Boettcher & Dienner, of Chicago, Ill., and M. B. & H. H. Johnson, and John T. Scott, all of Cleveland, Ohio, on the brief), for appellee.

Before ALLEN, MARTIN, and McALLISTER, Circuit Judges.

ALLEN, Circuit Judge.

This suit originated as a petition for declaratory judgment instituted against appellee, assignee of Mayo patent No. 2,322,041, by appellant, assignee of Sperry patent No. 2,353,274, asking that the court declare the right of appellant to manufacture certain specified automobile heaters without interference from the appellee, and hold the Mayo patent invalid, or not infringed. The appellee in its answer...

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