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ENGELHARD INDUSTRIES, INC. v. SEL-REX CORPORATION

Nos. 16230, 16231.

384 F.2d 877 (1967)

ENGELHARD INDUSTRIES, INC., Appellant in No. 16231, v. SEL-REX CORPORATION, Appellant in No. 16230.

United States Court of Appeals Third Circuit.

Decided September 28, 1967.

Attorney(s) appearing for the Case

Richard Whiting, Davis, Hoxie, Faithfull & Hapgood, New York City (Wallace D. Newcomb, Paul & Paul, Philadelphia, Pa., George E. Faithfull, Stanley L. Amberg, Douglas E. Whitney, Herbert Burstein, New York City, on the brief), for Sel-Rex Corp.

Rogert T. McLean, McLean, Morton & Boustead, New York City (Meyner & Wiley, G. Douglas Hofe, Jr., Samuel Kahn, Newark, N. J., J. Boustead, New York City, on the brief), for Engelhard Industries, Inc.

Before McLAUGHLIN, KALODNER and FREEDMAN, Circuit Judges.

OPINION OF THE COURT

FREEDMAN, Circuit Judge.

Plaintiff sought a declaratory judgment1 that defendant's patent No. 3,104,212 is invalid and was not infringed. Defendant counterclaimed for damages and an injunction for infringement. The district court entered judgment for plaintiff. 253 F.Supp. 832 (Dist.N.J.1966), supplemental opinion,

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