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TURBO MACHINE COMPANY v. PROCTOR & SCHWARTZ, INC.

Civ. A. No. 31156.

241 F.Supp. 723 (1965)

TURBO MACHINE COMPANY and Alba-Waldensian, Inc., Plaintiffs, v. PROCTOR & SCHWARTZ, INC., and Proctor Hydro-Set Company, Defendants.

United States District Court E. D. Pennsylvania.

March 29, 1965.

Attorney(s) appearing for the Case

Henry N. Paul, Jr., Robert B. Frailey, Paul & Paul, Philadelphia, Pa., for plaintiffs.

Charles Howson, Jr., Howson & Howson, Leon Edelson, Philadelphia, Pa., for defendants.

KIRKPATRICK, District Judge.

In this action for a declaratory judgment the plaintiff, Turbo,1 asks the court to adjudge all seven claims of the defendant Proctor's U. S. Patent No. 3,022,926, issued February 27, 1962, to Bailey, invalid and not infringed. Proctor has counterclaimed for infringement. At the trial Proctor admitted that claims 4 to 7, inclusive, of the Bailey patent are not infringed.

Although the defendants have...

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