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TECHNICAL TAPE CORP. v. MINNESOTA MINING & MFG. CO.

No. 70, Docket 22462.

200 F.2d 876 (1952)

TECHNICAL TAPE CORP. v. MINNESOTA MINING & MFG. CO.

United States Court of Appeals Second Circuit.

Decided December 18, 1952.

Attorney(s) appearing for the Case

Joseph Hirschman, New York City, Curtis, Morris & Safford, New York City, Daniel L. Morris, New York City, of counsel, for plaintiff-appellant.

Newton A. Burgess, (of Burgess, Ryan & Hicks), New York City, Harold J. Kinney, St. Paul, Minn., M. K. Hobbs, Platteville, Wis., and H. H. Hamilton, New York City, of counsel, for defendant-appellee.

Before AUGUSTUS N. HAND, CHASE, and CLARK, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

This is an action brought on November 17, 1951, under the Declaratory Judgment Act, 28 U.S.C. § 2201, to have the defendant's patent declared invalid, or, if valid, then not infringed. The court below dismissed the complaint, holding that no justiciable controversy was stated upon which a claim for relief could be founded, and further indicated that dismissal was also required since one...

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