MANN MANUFACTURING, INC. v. HORTEX, INC.

No. 29837.

439 F.2d 403 (1971)

MANN MANUFACTURING, INC., Plaintiff-Appellee, v. HORTEX, INC., Defendant, and The B. F. Goodrich Company, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 8, 1971.


Attorney(s) appearing for the Case

John A. Grambling, Hardie, Grambling, Sims & Galatzan, El Paso, Tex., Edgar H. Kent, R. W. Furlong, Boston, Mass., Ernest K. Bean, James R. Lindsay, Akron, Ohio, for defendant-appellant; Robert E. Hillman, Boston, Mass., of counsel.

Joe Christie, El Paso, Tex., for Hortex, Inc.

Gerald C. Galbraith, Robert H. Hoy, Jr., Goodman, Hallmark, Hoy, Akard & Galbraith, El Paso, Tex., Allen David Brufsky, Washington, D. C., for Mann Mfg. Co.; Brufsky, Staas, Breiner & Halsey, Washington, D. C., of counsel.

Before COLEMAN, INGRAHAM and WILKEY, Circuit Judges.


WILKEY, Circuit Judge:

The B. F. Goodrich Co. appeals from a temporary injunction of the District Court for the Western District of Texas forbidding Goodrich from bringing on for hearing a certain motion in its patent declaratory judgment action previviously filed against Mann Manufacturing, Inc., in the United States District Court for the Southern District of New York. Goodrich's motion in New York seeks to have Mann's Texas infringement action, to which the temporary...

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