MILLWAY KNITTING MILLS v. SANSON HOSIERY MILLS

Civ. A. No. 13972.

108 F.Supp. 5 (1952)

MILLWAY KNITTING MILLS, Inc. v. SANSON HOSIERY MILLS, Inc. et al.

United States District Court E. D. Pennsylvania.

September 22, 1952.


Attorney(s) appearing for the Case

Louis Necho, Philadelphia, Pa., for plaintiff.

Paul & Paul, Philadelphia, Pa., for defendant.


KIRKPATRICK, Chief Judge.

In this action the plaintiff asks for a declaratory judgment, limited to a finding that the stocking which it manufactures does not infringe the Bley patent, owned by the defendant. The defendant has moved to dismiss on the ground that there is no actual or justiciable controversy.

Although there have been no threats of suit against the plaintiff or its customers and no direct communication between the parties, it is perfectly clear...

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