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TECHNICAL TAPE CORP. v. MINNESOTA MINING & MFG. CO.

No. 337, Docket 24207.

247 F.2d 343 (1957)

TECHNICAL TAPE CORPORATION, Plaintiff-Appellant, v. MINNESOTA MINING & MANUFACTURING COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided August 2, 1957.

Mandate Recalled November 8, 1957.

Attorney(s) appearing for the Case

Daniel L. Morris, Curtis, Morris & Safford, New York City (Simon H. Rifkind, Samuel J. Silverman, Edward N. Costikyan, Emanuel E. Sternfield, Robert D. Spille and John A. Mitchell, New York City, of counsel), for plaintiff-appellant.

H. H. Hamilton, New York City (Harold J. Kinney and Robert I. Coulter, St. Paul, Minn., M. K. Hobbs, Platteville, Wis., and Edward A. Haight and J. W. Hofeldt, Chicago, Ill., of counsel), for appellee.

Before MEDINA and WATERMAN, Circuit Judges, and LEIBELL, District Judge.

Mandate Recalled November 8, 1957. See 249 F.2d 1.

LEIBELL, District Judge.

Plaintiff instituted this action on November 17, 1951, under the Declaratory Judgment Act (28 U.S.C. § 2201) to have the defendant's patent No. 2,177,627, issued to Richard Drew October 31, 19391 declared invalid, or, if valid, then not infringed. On a motion in the District Court the complaint was dismissed on the...

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