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WILLIAMS GOLD REFINING CO., INC. v. SEMI-ALLOYS INC.

Civ. No. 75-300.

434 F.Supp. 453 (1977)

WILLIAMS GOLD REFINING COMPANY, INCORPORATED, Plaintiff, v. SEMI-ALLOYS INCORPORATED, Defendant.

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

June 28, 1977.

Attorney(s) appearing for the Case

Edwin T. Bean, Jr., Christel & Bean, Buffalo, N. Y., for plaintiff.

Richard B. Passen, Jaeckle, Fleischmann & Mugel, Buffalo, N. Y., for defendant; Laurence B. Dodds, Fort Collins, Colo., of counsel.

MEMORANDUM AND ORDER

ELFVIN, District Judge.

Williams Gold Refining Company, Incorporated ("Williams") brings this action pursuant to 28 U.S.C. § 2201 for a declaratory judgment that United States Patent No. 3,823,468 ("Patent '468") owned by defendant Semi-Alloys Incorporated ("Semi-Alloys") is invalid or that, if valid, it is not infringed by plaintiff.

Defendant has moved pursuant to Fed.R. Civ.P. rule 56 for summary judgment on the ground...

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