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BISHOP AND BABCOCK MFG. CO. v. FEDDERS-QUIGAN CORP.

No. 53, Docket 25087.

270 F.2d 102 (1959)

BISHOP AND BABCOCK MANUFACTURING COMPANY, Plaintiff-Appellant, v. FEDDERS-QUIGAN CORPORATION, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided August 28, 1959.

Attorney(s) appearing for the Case

Arthur H. Boettcher, Chicago, Ill. (Brown, Jackson, Boettcher & Dienner and Henry H. Babcock, Chicago, Ill., Donald Malcolm, New York City, on the brief), for plaintiff-appellant.

Edwin J. Balluff, Detroit, Mich. (Weisman, Celler, Allen, Spett & Sheinberg, and Arthur Sheinberg, New York City, Balluff & McKinley, Detroit, Mich., on the brief), for defendant-appellee.

Before HINCKS, LUMBARD and MOORE, Circuit Judges.

HINCKS, Circuit Judge.

The plaintiff brought suit in the District Court for the Western District of New York, claiming that the defendant had infringed its patent, Getz No. 2,594,008. By answer and counterclaim for declaratory judgment, the defendant asserted noninfringement and invalidity. After a trial Judge Morgan, in an unreported memorandum-decision, held the patent invalid; he was also of the opinion that, if the issue were reached, the defendant's structure...

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