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ELLIS-FOSTER COMPANY v. UNION CARBIDE & CARBON CORP.

No. 13187.

284 F.2d 917 (1960)

ELLIS-FOSTER COMPANY and Montclair Research Laboratories, Appellants, v. UNION CARBIDE AND CARBON CORPORATION.

United States Court of Appeals Third Circuit.

Decided November 3, 1960.

Attorney(s) appearing for the Case

William D. Burrows, New York City (Steelman, Lafferty, Rowe & McMahon, Newark, N. J., Sol Shappirio, Washington, D. C., on the brief), for appellants.

James A. Fowler, Jr., New York City (Pitney, Hardin & Ward, William P. Reiss, Newark, N. J., Cahill, Gordon, Reindel & Ohl, James B. Henry, Jr., William Jannen, Jr., Watson, Leavenworth, Kelton & Taggart, John T. Kelton, R. S. Nelson, New York City, on the brief), for appellee.

Before BIGGS, Chief Judge, and KALODNER and FORMAN, Circuit Judges.

BIGGS, Chief Judge.

This is an appeal from an order of the court below dismissing an action brought by the plaintiffs pursuant to Section 146 of Title 35 U.S.C. on the ground that jurisdiction of the subject matter was lacking. For purposes of clarity the appellants, Ellis-Foster Company and Montclair Research Laboratories will be designated as the plaintiffs, and the appellee, Union Carbide and Carbon Corporation, will be called the defendant.1...

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