MIRACLE STRETCH UNDERWEAR CORPORATION v. ALBA HOSIERY MILLS

Civ. A. No. 1755.

136 F.Supp. 508 (1955)

MIRACLE STRETCH UNDERWEAR CORPORATION and Ellis, Stone and Company, Plaintiffs, v. ALBA HOSIERY MILLS, Inc., Defendant.

United States District Court D. Delaware.

December 19, 1955.


Attorney(s) appearing for the Case

H. Eugene Savery, Wilmington, Del., Morris Hirsch (of Dean, Fairbank & Hirsch), and Arthur B. Colvin, New York City, for plaintiffs.

Thomas Cooch (of Connolly, Cooch & Bove), Wilmington, Del., Paul B. Bell and Clifton T. Hunt, Jr. (of Eaton & Bell), Charlotte, N. C., for defendant.


WRIGHT, District Judge.

Miracle Stretch Underwear Corporation (hereinafter called "Miracle"), a New Jersey corporation with its principal place of business at Washington, New Jersey, filed in this court a verified complaint under the Declaratory Judgment Act,1 based upon alleged infringement by Miracle of U. S. Patent No. 2,706,389. On October 12, 1955 two days after the filing of the declaratory judgment action, defendant, Alba Hosiery...

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