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LOCKE MANUFACTURING COMPANY v. SABEL

Civ. A. No. 4808.

244 F.Supp. 829 (1965)

LOCKE MANUFACTURING COMPANY, Plaintiff, v. Herman SABEL, Leon W. Sabel and Arnold Sabel, d/b/a Royal Engineering Company, d/b/a Quality Ornamental Iron Company, d/b/a Sabel Ornamental Iron Works, Royal Engineering Company and Quality Ornamental Iron Company, Defendants.

United States District Court W. D. Kentucky, at Louisville.

June 11, 1965.

Attorney(s) appearing for the Case

Ernest Woodward, II, Woodward, Hobson & Fulton, Louisville, Ky., J. William Freeman, Akron, Ohio, for plaintiff.

Alexander Booth, J. Leonard Walker, Booth, Walker & Humphrey, Louisville, Ky., Harvey B. Jacobson, Jr., Washington, D. C., for defendants.

BROOKS, Chief Judge.

This matter is before the court on defendants' motion under Rule 12(b) of the Federal Rules of Civil Procedure to dismiss plaintiff's second cause of action which asks for declaratory judgment that defendants' patent 3,115,958 is invalid.

The relevant facts of this case are not in dispute. Plaintiff, Locke Manufacturing Company, is an Ohio corporation having its principal place of business in Lodi, Ohio, and is one of the country's foremost...

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