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KEMART CORPORATION v. PRINTING ARTS RESEARCH LAB., INC.

No. 15638.

269 F.2d 375 (1959)

KEMART CORPORATION, a Corporation, Appellant, v. PRINTING ARTS RESEARCH LABORATORIES, INC., a Corporation, Appellee.

United States Court of Appeals Ninth Circuit.

June 17, 1959.

Attorney(s) appearing for the Case

Carl Hoppe, Henry Gifford Hardy, San Francisco, Cal., for appellant.

Lyon & Lyon, Leonard S. Lyon, Leonard S. Lyon, Jr., Roland N. Smoot, Los Angeles, Cal., Julien F. Goux, Santa Barbara, Cal., for appellee.

Before STEPHENS, Circuit Judge, and HEALY and BONE, Senior Judges.

BONE, Senior Judge.

PART I

This long-drawn-out litigation1 was launched by the filing of an action in the lower court on November 23, 1948, by Kemart Corporation, a California corporation (hereafter referred to as appellant or Kemart). Its action was in form a petition in which it prayed (1) for a declaratory judgment or decree declaring that it had the right to continue to manufacture, use, sell and license a (so-called) "Kemart...

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