CONTAINER CO. v. CARPENTER CONTAINER CORP.

Civ. A. 1053.

99 F.Supp. 167 (1951)

CONTAINER CO. v. CARPENTER CONTAINER CORP. et al.

United States District Court D. Delaware.

July 12, 1951.


Attorney(s) appearing for the Case

Richard F. Corroon, of Berl, Potter & Anderson, of Wilmington, Del., Newton A. Burgess, of Burgess, Ryan & Hicks, of New York City, Eugene G. Mason, of Mason & Porter, of Washington, D. C., John J. Mahoney, of Corbett, Mahoney & Miller, of Columbus, Ohio, and Thomas F. Keogh, of New York City, for plaintiff and additional defendant.

Alexander L. Nichols, of Morris, Steel, Nichols & Arsht, of Wilmington, Del., Daniel H. Kane and Albert F. Bower, of Duell & Kane, of New York, Marvin C. Harrison and Allan Hull, of Harrison, Spangenberg & Hull, of Cleveland, Ohio, for defendant and third party plaintiff.


RODNEY, District Judge.

This opinion is concerned with the separate trial of the patent validity and infringement issues in this case. This action was brought by The Container Company against the Carpenter Container Corporation seeking a declaratory judgment declaring the defendant's patent Carpenter No. 2,382,858 to be invalid and not infringed by the plaintiff. The defendant, Carpenter Container Corporation, answered asserting the validity of the patent and included...

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