TURBO MACHINE COMPANY v. PROCTOR & SCHWARTZ, INC.

No. 15422.

362 F.2d 5 (1966)

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

United States Court of Appeals Third Circuit.

Decided May 11, 1966.


Attorney(s) appearing for the Case

Leon Edelson, Charles H. Howson, Jr., Philadelphia, Pa., for appellants.

Robert B. Frailey, Philadelphia, Pa. (Henry N. Paul, Jr., Stuart S. Bowie, Philadelphia, Pa., Paul & Paul, Philadelphia, Pa., on the brief), for appellees.

Before McLAUGHLIN, HASTIE and SMITH, Circuit Judges.


HASTIE, Circuit Judge.

As plaintiff in the court below, appellee, Turbo Machine Co., sought a declaratory adjudication that the claims of Bailey Patent No. 3,022,926, now owned by the defendant Proctor & Schwartz, Inc.,1 are neither valid nor infringed by an apparatus manufactured by the plaintiff and marketed under the name "Turbo Dye Boarder". At the trial the defendant conceded that no Bailey...

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