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TUBECO, INC. v. CRIPPEN PIPE FABRICATION CORPORATION

No. 73 C 203.

402 F.Supp. 838 (1975)

TUBECO, INC., Plaintiff, v. CRIPPEN PIPE FABRICATION CORPORATION and Henry O. Crippen, Defendants.

United States District Court, E. D. New York.

October 21, 1975.

Attorney(s) appearing for the Case

Sandoe, Hopgood & Calimfde, New York City by Roy C. Hopgood and Arthur M. Lieberman, New York City, for plaintiff.

Morgan, Finnegan, Durham & Pine, New York City by John D. Foley, Robert E. Paulson, and James V. Costigan, New York City (Nelson Littell, Jr., New York City, of counsel), for defendants.

MEMORANDUM AND ORDER

NEAHER, District Judge.

Plaintiff ("Tubeco") brought this action pursuant to 28 U.S.C. §§ 2201, 2202, seeking a declaratory judgment which would determine that defendants' Patent No. 3,456,468 (1) is invalid, unenforceable, and not infringed by Tubeco or its customers, (2) has been used in unfair competition with Tubeco, and (3) has been used as a false description or representation, and a false designation of origin of goods...

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