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GOODRICH-GULF CHEMICALS, INC. v. PHILLIPS PETROLEUM CO.

No. 16942.

376 F.2d 1015 (1967)

GOODRICH-GULF CHEMICALS, INC., Plaintiff-Appellant, v. PHILLIPS PETROLEUM COMPANY, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

April 28, 1967.

Attorney(s) appearing for the Case

Harold K. Bell, Cleveland, Ohio, and R. W. Furlong, Boston, Mass. (Spieth, Bell, McCurdy & Newell, Cleveland, Ohio, Edgar H. Kent, Fish, Richardson & Neave, Boston, Mass., on the brief; Jerome Taylor, Louis J. Weisz, Cleveland, Ohio, of counsel), for appellant.

Sidney Neuman, Chicago, Ill. (Robert L. Austin, Pendleton, Neuman, Seibold & Williams, Chicago, Ill., Robert W. Moore, Jones, Day, Cockley & Reavis, Cleveland, Ohio, J. A. Young, Bartlesville, Okl., on the brief), for appellee.

Before O'SULLIVAN, PECK and McCREE, Circuit Judges.

PECK, Circuit Judge.

While the complaint herein possesses at least the superficial indicia of a typical patent action, the issues presented in this court are procedural and jurisdictional as distinguished from those arising in the conventional patent suit.

The action is one seeking a declaratory judgment under 28 U.S.C. § 2201 holding invalid defendant-appellee's* patent No. 3,178...

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