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BARBER-GREENE COMPANY v. BLAW-KNOX COMPANY

No. 12806.

239 F.2d 774 (1957)

BARBER-GREENE COMPANY, Appellant, v. BLAW-KNOX COMPANY and All Purpose Spreader Company, Appellees.

United States Court of Appeals Sixth Circuit.

January 11, 1957.

Attorney(s) appearing for the Case

Charles F. Meroni and Anthony R. Chiara, Chicago, Ill. (Hill, Sherman, Meroni, Gross & Simpson, Chicago, Ill., Horace B. Fay, Jr., Fay & Fay, Cleveland, Ohio, on the brief), for appellant.

Walter J. Blenko, Pittsburgh, Pa. (John H. F. Leonard, Walter J. Blenko, Jr., Blenko, Hoopes, Leonard & Buell, Pittsburgh, Pa., McCoy, Greene & TeGrotenhuis, Cleveland, Ohio, William Henry Venable, Pittsburgh, Pa., on the brief), for appellees.

Before ALLEN, MILLER and STEWART, Circuit Judges.

STEWART, Circuit Judge.

The appellant is an Illinois corporation, licensed to do business in Ohio, where it has appointed a statutory agent for service of process. On August 1, 1955, the appellees filed a complaint in the District Court for the Northern District of Ohio, seeking a declaratory judgment holding six of the appellant's patents invalid and not infringed. Service of process in this action was effected on August...

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