MUST v. WILKINSON

No. 17260.

127 F.Supp. 905 (1955)

Samuel MUST and Burt Sultan, doing business under the fictitious firm name of Glide-A-Way Bed Company, Plaintiff, v. W. A. WILKINSON, doing business under the fictitious firm name of Pland Bed Company, et al., Defendants.

United States District Court, S. D. California, C. D.

January 20, 1955.


Attorney(s) appearing for the Case

Huebner, Beehler, Worrel & Herzig, and Albert M. Herzig, Los Angeles, Cal., for plaintiff.

Eric A. Rose, Long Beach, Cal., for defendant.


HALL, District Judge.

The sole question is whether or not this court has jurisdiction in this action for declaratory relief, 28 U.S.C.A. § 2201, involving a dispute between an alleged infringer as plaintiff and an applicant for a patent as defendant.

While suits for declaratory relief by an alleged infringer against a holder of a patent are common, counsel have failed to cite, and independent research has failed to find, any case wherein jurisdiction...

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