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RAYBESTOS-MANHATTAN, INC. v. TEXON, INC.

No. 5490.

268 F.2d 839 (1959)

RAYBESTOS-MANHATTAN, INC., Plaintiff, Appellant, v. TEXON, INC., Defendant, Appellee.

United States Court of Appeals First Circuit.

Rehearing Denied August 26, 1959.

Attorney(s) appearing for the Case

Melvin R. Jenney, Boston, Mass., with whom Lee J. Gary, Chicago, Ill., Kenway, Jenney, Witter & Hildreth, Boston, Mass., and Gary, Desmond & Parker, Chicago, Ill., were on brief, for appellant.

John B. Cuningham, New York City, with whom William A. Godfrey, Gerald W. Griffin, Michael A. Kondzella, William F. Kilgannon, New York City, Bulkley, Richardson, Godfrey & Burbank, Springfield, Mass., and Cooper, Dunham, Dearborn & Henninger, New York City, were on brief, for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

HARTIGAN, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the District of Massachusetts granting the defendant's motion for summary judgment and awarding the defendant $5,000 as attorney's fees.

The plaintiff, a New Jersey corporation, is the owner of Patent No. 2,525,310 and brought an action for its infringement against the defendant, a Massachusetts corporation. The defendant filed a counterclaim for a declaratory...

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