CEE-BEE CHEMICAL CO. v. DELCO CHEMICALS

No. 15893.

263 F.2d 150 (1958)

CEE-BEE CHEMICAL CO., Inc., a corporation, Appellant, v. DELCO CHEMICALS, Inc., a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied February 3, 1959.


Attorney(s) appearing for the Case

C. G. Stratton, Louis M. Welsh, Los Angeles, Cal., for appellant.

Fulwider, Mattingly & Huntley, John M. Lee, Walter P. Huntley, Los Angeles, Cal., Weyl & Weyl, John A. Weyl, Hollywood, Cal., for appellee.

Before HAMLEY, HAMLIN, and JERTBERG, Circuit Judges.


HAMLEY, Circuit Judge.

Delco Chemicals, Inc., brought this action to obtain a judicial declaration that a certain patent is invalid and not infringed. Cee-Bee Chemical Co., Inc., the owner of the patent and defendant in this suit, denied the allegations of the complaint. Defendant also counterclaimed for damages in the sum of $25,000, alleging infringement of the patent in question.

At a pretrial conference the court invited the plaintiff to file a motion...

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