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GENERAL TIRE & RUBBER CO. v. FIRESTONE TIRE & RUBBER CO.

Nos. 72-2123 to 72-2126.

489 F.2d 1105 (1973)

The GENERAL TIRE & RUBBER CO., Plaintiff-Appellee, v. The FIRESTONE TIRE & RUBBER CO., Defendant-Appellant. The FIRESTONE TIRE & RUBBER CO., Plaintiff-Appellant, v. The GENERAL TIRE & RUBBER CO., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided November 20, 1973.

Attorney(s) appearing for the Case

Victor DeMarco, Robert W. Poore, Patrick F. McCartan, Robert J. Hoerner, John L. Strauch, Cleveland, Ohio, on brief, for appellant; Jones, Day, Cockley & Reavis, Cleveland, Ohio, John F. Floberg, Gen. Counsel, Stanley M. Clark, Patent Counsel, David A. Thomas, Asst. Patent Counsel, The Firestone Tire & Rubber Co., Akron, Ohio, of counsel.

Charles J. Merriam, Edward M. O'Toole, Clyde V. Erwin, Carl E. Moore, Michael F. Borun, Chicago, Ill., Richard E. Guster, Akron, Ohio, William C. McCoy, Jr., Cleveland, Ohio, on brief for appellee, The General Tire & Rubber Co.; Merriam, Marshall, Shapiro & Klose, Chicago, Ill., Roetzel & Andress, Akron, Ohio, Bosworth, Sessions & McCoy, Cleveland, Ohio, T. E. Pittenger, Frank C. Rote, Akron, Ohio, of counsel.

Before EDWARDS, MILLER and LIVELY, Circuit Judges.

EDWARDS, Circuit Judge.

This patent litigation began in 1961. It involves two proceedings. The first was a suit for declaratory judgment filed by Firestone in Baltimore, Maryland,1 against General Tire attacking the validity of a patent issued to General Tire, and in the alternative, claiming a royalty-free license. The second was a suit filed in Cleveland, Ohio,2

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