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TELEDYNE RYAN AERONAUTICAL CO. v. MONTGOMERY WARD & CO.

Civ. A. No. C-2405.

326 F.Supp. 813 (1971)

TELEDYNE RYAN AERONAUTICAL COMPANY, doing business as Aqua Tec Corporation, Fort Collins, Colorado, a Corporation of California, Plaintiff, v. MONTGOMERY WARD & CO., Incorporated, et al., Defendants.

United States District Court, D. Colorado.

April 29, 1971.

Attorney(s) appearing for the Case

Drake & Crandell, by Ralph F. Crandell, Denver, Colo., Woodcock, Washburn, Kurtz & Mackiewicz, by Virgil E. Woodcock, Philadelphia, Pa., for plaintiff.

Walberg & Pryor, by John E. Walberg, Denver, Colo., for defendant, Montgomery Ward & Co., Inc.

Davis, Graham & Stubbs, by Robert H. Harry, Denver, Colo., George R. Clark, and Mason, Kolehmainen, Rathburn & Wyss, by Walter E. Wyss, Chicago, Ill., for defendants, Sunbeam Corporation, Sunbeam Appliance Service Co. and Northern Electric Co.

MEMORANDUM OPINION

WINNER, District Judge.

Plaintiff, Teledyne, initially filed a five count complaint against the single defendant, Montgomery Ward & Co. One Count of that complaint claimed patent infringement of a patent of an oral hygiene apparatus. This patent is commonly referred to as the Mattingly patent. Thereafter, Northern Electric Company filed a declaratory judgment action in California against Teledyne Industries, Inc., seeking to have the...

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