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BRISK WATERPROOFING CO. v. A. BELANGER & SONS

No. 4763.

209 F.2d 169 (1954)

BRISK WATERPROOFING CO., Inc. v. A. BELANGER & SONS, Inc.

United States Court of Appeals First Circuit.

January 4, 1954.

Attorney(s) appearing for the Case

Norman N. Holland, New York City (Cedric W. Porter, Boston, Mass., and George M. Wolfson, New York City, on brief), for appellant.

Robert B. Russell, Boston, Mass. (Kenway, Jenney, Witter & Hildreth, Boston, Mass., on brief), for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

WOODBURY, Circuit Judge.

The plaintiff-appellee brought suit in the court below under Title 28 U.S.C. §§ 2201 and 2202 for a judgment declaring that the method of waterproofing brick walls described in its advertising circular, a copy of which it attached to its complaint as Exhibit A, did not conflict with any rights the defendant-appellant might have as the exclusive licensee under Larson's Patent No. 2,088,754 for the waterproofing

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