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ROCK-OLA MFG. CORP. v. CUSANO

Nos. 10879, 10889.

206 F.2d 551 (1953)

ROCK-OLA MFG. CORP. v. CUSANO et al.

United States Court of Appeals Third Circuit.

Decided August 26, 1953.

Attorney(s) appearing for the Case

Luther W. Hawley, New York City (De Fazio, Davidson & De Fazio, Samuel J. Davidson, Hoboken, N. J., Philip S. McLean, New York City, on the brief), for defendant and counter claimants-appellants.

John H. Bruninga, St. Louis, Mo. (Harry B. Rook, Newark, N. J., James A. Davis, Chicago, Ill., on the brief), for Rock-Ola Mfg. Corp., plaintiff-appellant.

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

KALODNER, Circuit Judge.

The plaintiff, Rock-Ola Manufacturing Corporation ("Rock-Ola"), brought this action for declaratory judgment pursuant to 28 U.S.C. §§ 2201 and 2202, seeking a declaration of the invalidity of defendant Paul Cusano's patent (No. 2,479,477) and non-infringement by Rock-Ola's device, together with injunctive relief and damages for unfair competition.1 The defendant Cusano filed his counterclaim, based upon...

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