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DREW CHEMICAL COMPANY v. HERCULES INCORPORATED

No. 149, Docket 32259.

407 F.2d 360 (1969)

DREW CHEMICAL COMPANY, 522 Fifth Avenue, New York, New York 10036, Appellant, v. HERCULES INCORPORATED, 380 Madison Avenue, New York, New York 10017, Appellee.

United States Court of Appeals Second Circuit.

Decided February 24, 1969.

Attorney(s) appearing for the Case

Joseph J. Previto, New York City (Holland, Armstrong, Wilke & Previto, New York City, Wayne L. Benedict, Washington, D. C., on the brief), for appellant.

Harold R. Medina, Jr., and George J. Wade, New York City (Cravath, Swaine & Moore, New York City, Bernard M. Borish, Wolf, Block, Schorr and Solis-Cohen, Philadelphia, Pa., Austin R. Miller, Paul & Paul, Philadelphia, Pa., on the brief), for appellee.

Before MOORE, SMITH and HAYS, Circuit Judges.

MOORE, Circuit Judge:

Drew Chemical Company (Drew), the plaintiff, appeals from an order of the United States District Court for the Southern District of New York in which the Court granted the motion, treated as one for summary judgment, of defendant Hercules Incorporated (Hercules), to dismiss Drew's declaratory judgment action for non-infringement and patent invalidity on the ground that the court had no subject matter jurisdiction since there was no "case of actual...

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