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E. H. TATE COMPANY v. JIFFY ENTERPRISES, INC.

Civ. A. Nos. 25486, 25504.

196 F.Supp. 286 (1961)

E. H. TATE COMPANY, Plaintiff, v. JIFFY ENTERPRISES, INC., Defendant. JIFFY ENTERPRISES, INC., Plaintiff, v. SEARS, ROEBUCK & CO. and E. H. Tate Company, Defendants.

United States District Court E. D. Pennsylvania.

July 21, 1961.

Attorney(s) appearing for the Case

Arthur H. Seidel and Marvin Comisky, Philadelphia, Pa., for Jiffy Enterprises, Inc.

Cedric W. Porter and John J. Moss, Boston, Mass., and Henry N. Paul and Robert B. Frailey, of Paul & Paul, Philadelphia, Pa., for E. H. Tate Co.

These cases were consolidated for trial. E. H. Tate Company is plaintiff in one case and intervening defendant in the other. Tate in C.A. 25,486 seeks a declaratory judgment that Margulis patent No. 2,809,001 (October 8, 1957) owned by Jiffy Enterprises, Inc., for a hanger is invalid. Jiffy in C.A. 25,504 sued Sears, Roebuck & Co. for infringement. Sears is one of Tate's customers and it is defending on behalf of Sears. The issue in the two cases is the same: the validity...

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