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TELEPHONICS CORP. AND FABRIONICS CORP. v. LINDLY & CO.

No. 390, Docket 26863.

291 F.2d 445 (1961)

TELEPHONICS CORPORATION AND FABRIONICS CORPORATION, Plaintiffs-Appellees, v. LINDLY & COMPANY, Inc., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided June 19, 1961.

Attorney(s) appearing for the Case

Robert E. Burns, New York City (Allan Zelnick, New York City, on the brief), for defendant-appellant.

Walter H. Free, of Brumbaugh, Free, Graves & Donohue, New York City (George W. Whitney and Richard A. Lochner, of Brumbaugh, Free, Graves & Donohue, New York City, on the brief), for plaintiffs-appellees.

Before CLARK and WATERMAN, Circuit Judges, and ANDERSON, District Judge.

CLARK, Circuit Judge.

The full details of this forum-shopping contest may be found in the opinion of the district court reported in D. C.E.D.N.Y., 192 F.Supp. 407. For purposes of this appeal the following simplified account will suffice. On October 1, 1959, plaintiffs began this action for, inter alia, a declaratory judgment that defendant's patent No. 2,878,395 was invalid and, in any case, not infringed by the plaintiffs...

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