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PYRENE MFG. CO. v. URQUHART

No. 9309.

175 F.2d 408 (1949)

PYRENE MFG. CO. v. URQUHART et al.

United States Court of Appeals Third Circuit.

Reargued October 8, 1948.

Decided May 31, 1949.

Attorney(s) appearing for the Case

C. Brewster Rhoads, Philadelphia, Pa. (George G. Chandler, Montgomery, McCracken, Walker & Rhoads, Philadelphia, Pa., on the brief), for appellants.

Maxwell Barus, New York City, for appellee.

Before BIGGS, Chief Judge, and MARIS and KALODNER, Circuit Judges.

BIGGS, Chief Judge.

The suit at bar was brought by Pyrene Manufacturing Company ("Pyrene") pursuant to the Federal Declaratory Judgments Act, Act of June 14, 1934, Section 400 of Title 28 U.S.C. 1940 ed. [now 28 U.S.C.A. §§ 2201, 2202], against the Urquharts, seeking an adjudication that two United States Patents, Nos. 2,106,043 and 2,198,585, issued respectively on January 18, 1938 and April 23, 1940, to the Urquharts, are invalid and not infringed. Both...

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