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SHERWOOD MEDICAL INDUSTRIES, INC. v. DEKNATAL, INC.

No. 74-1693.

512 F.2d 724 (1975)

SHERWOOD MEDICAL INDUSTRIES, INC., Appellant, v. DEKNATEL, INC., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 5, 1975.

Rehearing and Rehearing Denied March 25, 1975.

Attorney(s) appearing for the Case

Paul L. Gardner, Los Angeles, Cal., for appellant.

Roberts B. Larson, Arlington, Va., for appellee.

Before BRIGHT, ROSS and STEPHENSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 25, 1975.

ROSS, Circuit Judge.

Sherwood Medical Industries, Inc. (Sherwood) brought this action against Deknatel, Inc., seeking a declaratory judgment that certain patents held by Deknatel are invalid, unenforceable and not infringed by Sherwood. The district court1 found that there was no "actual controversy" between the parties as required by the Declaratory Judgment Act, 28 U.S.C...

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