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EVEN-CUT ABRASIVE B. & E. CORP. v. CLEVELAND CONT. CO.

No. 10593.

171 F.2d 873 (1949)

EVEN-CUT ABRASIVE BAND & EQUIPMENT CORPORATION et al. v. CLEVELAND CONTAINER CO.

United States Court of Appeals Sixth Circuit.

January 17, 1949.

Attorney(s) appearing for the Case

Albert R. Teare and Bates, Teare & McBean, all of Cleveland, Ohio, for appellants.

Albert R. Golrick and William F. Marsteller, both of Cleveland, Ohio (Albert R. Golrick, William F. Marsteller (of Baker, Hostetler & Patterson), and Horace B. Fay (of Fay, Golrick & Fay), all of Cleveland, Ohio, on the brief), for appellee.

Before HICKS, Chief Judge, and MARTIN and MILLER, Circuit Judges.

HICKS, Chief Judge.

The Cleveland Container Company (herein called Container) brought suit under Sec. 400 [now §§ 2201, 2202] of Title 28 U.S. C.A., against Even-Cut Abrasive Band and Equipment Corporation (herein called Even-Cut), assignee-owner of Reissue Patent No. 20,817 — 1938, to Maddox, seeking a declaratory judgment that the reissue was invalid. The complaint also sought to enjoin Even-Cut from making charges that the plaintiff infringed the...

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