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BERNARDI BROS., INC. v. PRIDE MANUFACTURING, INC.

No. 18129.

427 F.2d 297 (1970)

BERNARDI BROS., INC., Appellant, v. PRIDE MANUFACTURING, INC., National Pride of Texas, Inc. (Formerly National Pride Auto Car Wash, Inc.), Billy J. Graham and Harry Tice.

United States Court of Appeals, Third Circuit.

Decided June 3, 1970.

Attorney(s) appearing for the Case

John N. Bain, Popper, Bain & Bobis, Newark, N. J. (Anthony A. O'Brien (of the Washington Bar), Washington, D. C., on the brief), for appellant.

James A. Scarpone, Hellring, Lindeman & Landau, Newark, N. J. (Philip Lindeman, II, Stephen H. Roth, Newark, N. J., Simon & Simon, Fort Worth, Tex., on the brief), for appellees.

Before SEITZ, VAN DUSEN and ADAMS, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

Bernardi Bros., Inc. instituted this action in the United States District Court for the District of New Jersey for a declaratory judgment of invalidity and non-infringement of certain patents of its competitor and for $500,000, damages caused by unfair competition. Harry Tice was served with the summons and complaint at his home in New Jersey. Pride Manuafacturing, Inc. (Pride), a Texas corporation and holder...

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