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AMERICAN CYANAMID COMPANY v. ELLIS-FOSTER COMPANY

Nos. 13652, 13653.

298 F.2d 244 (1962)

AMERICAN CYANAMID COMPANY v. ELLIS-FOSTER COMPANY, Appellant.

United States Court of Appeals Third Circuit.

Decided January 19, 1962.

Attorney(s) appearing for the Case

William D. Burrows, New York City (William Rowe, Steelman, Lafferty, Rowe & McMahon, Newark, N. J. Albert C. Bickford, Simpson, Thacher & Bartlett, New York City, on the brief), for appellant.

John Hoxie, New York City (John D. McMaster, Jersey City, N. J., Davis, Hoxie, Faithfull & Hapgood, James E. Ryder, New York City, on the brief), for appellee.

Before GOODRICH, STALEY and GANEY, Circuit Judges.

GOODRICH, Circuit Judge.

American Cyanamid Company (Cyanamid) sued Ellis-Foster Company in the United States District Court for the District of New Jersey. The complaint sought a declaratory judgment that Cyanamid and its customers were licensed under Ellis-Foster's German patent 967,-265, and also sought an injunction and damages for attempts by Ellis-Foster to prevent the sale of products made in alleged infringement of the patent. Ellis-Foster in turn sued Cyanamid...

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