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JEFFERSON CHEMICAL CO. v. MOBAY CHEMICAL CO.

267 A.2d 635 (1970)

JEFFERSON CHEMICAL COMPANY, Inc., a Delaware corporation, Plaintiff, v. MOBAY CHEMICAL COMPANY, a Delaware corporation, Defendant.

Court of Chancery of Delaware, New Castle.

June 10, 1970.

Attorney(s) appearing for the Case

James M. Tunnell, Jr., and Paul P. Welsh, of Morris, Nichols, Arsht & Tunnell, Wilmington, Carl G. Ries, Houston, Tex., and John R. Allen and James R. Sweeney, of Hofgren, Wegner, Allen, Stellman & McCord, Chicago, Ill., for plaintiff.

David F. Anderson, E. Dickinson Griffenberg, Jr., and Michael D. Goldman, of Potter, Anderson & Corroon, Wilmington, Clelle W. Upchurch, District of Columbia, and John H. Sutherland, St. Louis, Mo., for defendant.

DUFFY, Chancellor:

On July 30, 1968 Mobay Chemical Company, defendant, (Mobay), notified Jefferson Chemical Company, Inc., plaintiff (Jefferson), of its intention to re-acquire rights to U.S. Letters Patent No. 3,102,875 ("Heiss patent") and a pending patent application pursuant to an agreement between the parties dated January 26, 1966. Thereafter, Jefferson filed in this Court a complaint for declaratory relief in which it seeks to remove this cloud on its rights...

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