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INDEPENDENT PNEUMATIC TOOL COMPANY v. CHICAGO PNEUMATIC TOOL COMPANY

No. 9512.

167 F.2d 1002 (1948)

INDEPENDENT PNEUMATIC TOOL COMPANY, Plaintiff-Appellee, v. CHICAGO PNEUMATIC TOOL COMPANY, Defendant-Appellant.

Circuit Court of Appeals, Seventh Circuit.

May 5, 1948.

Attorney(s) appearing for the Case

Clarence J. Loftus, of Chicago, Ill., and Floyd H. Crews and Raymond G. Mullee, both of New York City, for defendant-appellant.

George N. Hibben and Harry W. Lindsey, Jr., both of Chicago, Ill., for plaintiff-appellee.

Before MAJOR and KERNER, Circuit Judges, and LINDLEY, District Judge.

PER CURIAM.

This action was brought for a declaratory judgment of invalidity and non-infringement of two patents owned by the defendant. The District Court denied defendant's motion to dismiss for lack of venue and granted plaintiff's motion to restrain the prosecution of a subsequent infringement suit on the same patents in Ohio. An appeal has been taken to this court from each of those rulings. The District Court, in connection with its decision, wrote an opinion...

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