CARLTON MANUFACTURING CO. v. FRAM CORPORATION

Civ. A. No. 2554.

201 F.Supp. 18 (1961)

CARLTON MANUFACTURING CO., Plaintiff, v. FRAM CORPORATION, Defendant.

United States District Court D. Rhode Island.

December 29, 1961.


Attorney(s) appearing for the Case

Arthur H. Feiner, Providence, R. I., William R. Hulbert, Charles C. Winchester, Jr., Boston, Mass., for plaintiff.

S. Everett Wilkins, Jr., Providence, R. I., Richard F. Walker, Boston, Mass., for defendant.


DAY, District Judge.

In this action plaintiff seeks a declaratory judgment that U.S. Letters Patent No. 2,824,707 issued to the defendant on February 25, 1958, as assignee of Walter V. Kennedy, and relating to the construction of a sheet metal spool is invalid, or if valid, is not infringed by the plaintiff.

In its complaint the plaintiff asserts that said patent is invalid because of prior art anticipation and want of invention, etc., and further, that in...

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