MEDINA, Circuit Judge.
The parties here are necktie manufacturers, and plaintiff appeals from a judgment of the United States District Court for the Western District of New York, Harold P. Burke, Judge, dismissing without prejudice its complaint seeking a declaration of the invalidity of defendant's patent on a particular necktie manufactured and sold by defendant, or of the non-infringement of said patent by a "proposed" necktie of plaintiff's. We hold that the complaint...
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