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I.C.E. CORPORATION v. ARMCO STEEL CORP.

201 F.Supp. 411 (1961)

I.C.E. CORPORATION, and Intercontinental Enterprises, Ex-Und Import GMBH, Plaintiffs, v. ARMCO STEEL CORP. and The International Nickel Co., Defendants.

United States District Court S. D. New York.

December 22, 1961.

Attorney(s) appearing for the Case

Maurice B. Stiefel, New York City, Samuel L. Davidson, Herbert J. Jacobi and Robert B. Jacobi, Washington, D. C., of counsel, for plaintiffs.

Breed, Abbott & Morgan, New York City, Byerly, Townsend, Watson & Churchill, New York City, of counsel, for defendant Armco Steel Corp.

Cooper, Dunham, Dearborn & Henninger, and Sullivan & Cromwell, New York City, for defendant International Nickel Co.

METZNER, District Judge.

Defendants move to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b) (1) and 12(b) (6), 28 U.S.C. The complaint seeks a declaratory judgment that defendants' patent is invalid and not infringed.

The plaintiffs are Intercontinental Enterprises, a German corporation having its principal office in Germany, and I. C. E. Corporation, a New York corporation having its principal place of business...

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