BOYAJIAN v. OLD COLONY ENVELOPE COMPANY

No. 5598.

279 F.2d 572 (1960)

Setrak K. BOYAJIAN, etc., Defendant-Appellant, v. OLD COLONY ENVELOPE COMPANY, Inc., et al., Plaintiffs-Appellees.

United States Court of Appeals First Circuit.

June 14, 1960.


Attorney(s) appearing for the Case

Setrak K. Boyajian, pro se.

Eben M. Graves, New York City, with whom Donald R. Grant, Boston, Mass., Richard G. Fuller, Jr., New York City, Ropes, Gray, Best, Coolidge & Rugg, Boston, Mass., and Brumbaugh, Free, Graves & Donohue, New York City, on brief, for appellees.

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


HARTIGAN, Circuit Judge.

This is an appeal from a decree of the United States District Court for the District of Massachusetts, entered September 16, 1959 upon plaintiffs-appellees' motion for summary judgment, which adjudged invalid all claims under U.S. Patent No. 2,804,395 of the defendant-appellant and dismissed his counterclaim for infringement.

Plaintiffs petitioned the district court under 28 U.S.C. §§ 2201, 2202 (1958) for a declaratory judgment...

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