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PROLER STEEL CORP. v. LURIA BROTHERS & CO.

Civ. A. No. 14675.

223 F.Supp. 87 (1963)

PROLER STEEL CORPORATION, Plaintiff, v. LURIA BROTHERS & COMPANY, Inc., Defendant.

United States District Court S. D. Texas, Houston Division.

September 17, 1963.

Attorney(s) appearing for the Case

Butler, Binion, Rice & Cook, Houston, Tex. (John L. McConn, Jr., and Ned L. Conley), Houston, Tex., for plaintiff.

Baker, Botts, Shepherd & Coates, Houston, Tex. (Garrett R. Tucker, Jr.), Houston, Tex., and Brumbaugh, Free, Graves & Donohue (Eben M. Graves), New York City, for defendant.

INGRAHAM, District Judge.

This action is now before the court, after oral hearing, on a motion to dismiss. Plaintiff, Proler Steel Corporation, filed a suit for declaratory judgment, alleging that defendant, Luria Brothers & Company, Inc., has begun the construction of a plant in California which is designed to practice a process, and with the intent to practice a process, which will infringe plaintiff's Reissue Patent No. Re. 25,034. The particularities of the...

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