ALAMO REFINING CO. v. SHELL DEVELOPMENT CO.

Civ. No. 1065.

99 F.Supp. 790 (1951)

ALAMO REFINING CO. v. SHELL DEVELOPMENT CO. et al.

United States District Court D. Delaware.

August 10, 1951.


Attorney(s) appearing for the Case

J. Bernhard Thiess, Thorley von Holst, Sidney Neuman and Robert W. Poore, Chicago, Ill., and Arthur G. Connolly, Wilmington, Del., for plaintiff.

Theodore S. Kenyon and Malvin R. Nandelbaum (Kenyon & Kenyon), New York City, and Robert H. Richards, Jr. (Richards, Layton & Finger), Wilmington, Del., for defendant Standard Oil Development Co.

James R. Morford and Thomas Cooch (Morford, Bennethum, Marvel & Cooch), Wilmington, Del., Brady Cole and Garrett R. Tucker, Jr. (Baker, Botts, Andrews & Parish), Houston, Tex., for defendant Texaco Development Corp.

Harold S. Glendening and Frederick P. Warne (Cahill, Gordon, Zachry & Reindell), New York City, and John J. Morris, Jr. (Hering, Morris, James & Hitchens), Wilmington, Del., for defendant M. W. Kellogg Co.

Albert R. Connelly and William F. Collins (Cravath, Swaine & Moore), New York City, and William Prickett, Wilmington, Del., for defendants Shell Development Co. and International Catalytic Oil Processes Corp.

A. M. Byrd and M. F. Venema, Chicago, Ill. and William S. Potter (Berl, Potter & Anderson), Wilmington, Del., for defendant Universal Oil Products Co.


LEAHY, Chief Judge.

This action was commenced in September, 1947 by an original complaint for declaratory judgment respecting the validity and infringement of patents said to "number in the hundreds" relating to fluid catalytic cracking processes. In 1948 the complaint was amended. All defendants moved to dismiss the amended complaint. I granted the motion as to Texaco and International for failure to indentify any patents of those defendants with the charge of infringement...

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