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FREDERICK HART & CO. v. RECORDGRAPH CORPORATION

No. 9516.

169 F.2d 580 (1948)

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

Circuit Court of Appeals Third Circuit.

Decided August 13, 1948.

Attorney(s) appearing for the Case

Willis H. Taylor, of New York City (Marvel & Morford, of Wilmington, Del., Harold A. Traver, of New York City, and Thomas Cooch, of Wilmington, Del., on the brief), for appellant.

Ralph L. Chappell, of New York City (Robert H. Richards, Jr., of Wilmington, Del., Kenyon & Kenyon and George T. Bean, all of New York City, on the brief), for appellee.

Before BIGGS, McLAUGHLIN, and KALODNER, Circuit Judges.

KALODNER, Circuit Judge.

Frederick Hart & Co., Inc., "Hart", brought suit against Recordgraph Corporation, "Recordgraph", seeking an adjudication pursuant to the Declaratory Judgments Act, Section 274d of the Judicial Code, 28 U.S.C.A. § 400, that 15 patents owned by Recordgraph are invalid and are not infringed by Hart.

The District Court granted a motion dismissing the amended complaint

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