IRVIN v. DANIELS COMPANY CONTRACTORS, INC.

Civ. A. No. 61-613.

199 F.Supp. 766 (1961)

David F. IRVIN and James B. McKelvy d/b/a the Irvin-McKelvy Company, Plaintiffs, v. DANIELS COMPANY CONTRACTORS, INC. and the Daniels Company, Defendants.

United States District Court W. D. Pennsylvania.

December 20, 1961.


Attorney(s) appearing for the Case

Buchanan, Ingersall, Rodewald, Kyle & Buerger, Pittsburgh, Pa., for plaintiffs.

Blenko, Hoopes, Leonard & Buell, Pittsburgh, Pa., for defendants.


DUMBAULD, District Judge.

This is an action seeking a declaratory judgment (under 28 U.S.C.A. § 2201) that a patent held by defendant, The Daniels Company Contractors, Inc., a Pennsylvania corporation is invalid and has not been infringed by plaintiffs; and also seeking relief under 28 U.S.C.A. § 1338(b), conferring jurisdiction over "a claim of unfair competition when joined with a substantial and related claim under the * * * patent * * * laws." It is...

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