SUNDSTRAND CORPORATION v. AMERICAN BRAKE SHOE COMPANY

No. 13919.

315 F.2d 273 (1963)

SUNDSTRAND CORPORATION, Plaintiff-Appellee, v. AMERICAN BRAKE SHOE COMPANY, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied April 16, 1963.


Attorney(s) appearing for the Case

Richard R. Trexler, Chicago, Ill., Donald N. MacIntosh, Chicago, Ill., of counsel, for appellant.

William J. Stellman, Lloyd W. Mason, William R. McNair, Chicago, Ill., Hofgren, Brady, Wegner, Allen & Stellman, Chicago, Ill., of counsel, for appellee.

Before SCHNACKENBERG, CASTLE and SWYGERT, Circuit Judges.


SWYGERT, Circuit Judge.

The principal question is whether a patent owner who has sued a customer of an alleged infringing manufacturer may be required to involuntarily litigate his action against the customer in a subsequently filed declaratory judgment action initiated by the manufacturer against the patent owner by the court, sitting in another district, having jurisdiction of the later filed declaratory judgment action...

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