Legal Opinion

Goldsmith Metal Lath Co. v. Milcor Steel Co.

District Court, D. Delaware

Decided December 21, 1943No. Civ. No. 82PublishedCited by 5 opinions

1Opinion of the Court

BIGGS, Circuit Judge.

The plaintiff, The Goldsmith Metal Lath Company, referred to hereinafter as Goldsmith, brought this suit pursuant to the Declaratory Judgment Act, Judicial Code section 274d, 28 U.S.C.A. § 400, seeking to have two patents, Holdsworth No. 2,105,770 and No. 2,150,061, adjudged invalid and for other relief. The defendant, Milcor Steel Company, hereinafter referred to as Milcor, filed a counterclaim alleging that Goldsmith had infringed both patents and sought damages. Milcor by virtue, of certain assignments is the owner of the patents referred to. Patent No. —770 has seven…

2Cases cited13 opinions

  1. Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
  2. Morgan v. DanielsSupreme Court of the United States · 1894
  3. Alexander Milburn Co. v. Davis-Bournonville Co.Supreme Court of the United States · 1926
  4. Toledo Pressed Steel Co. v. Standard Parts, Inc.Supreme Court of the United States · 1939
  5. Milcor Steel Co. v. George A. Fuller Co.Supreme Court of the United States · 1942

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3Cited by5 opinions

  1. Security Insurance Company Of New Haven v. WhiteCourt of Appeals for the Tenth Circuit · 1956
  2. Danko v. Shell Oil Co.District Court, E.D. New York · 1953
  3. Windmoller v. LaguerreDistrict Court, District of Columbia · 1968
  4. Allstate Insurance v. Guaranty Insurance Exchange of Kansas City, MissouriDistrict Court, W.D. South Carolina · 1962
  5. Security Insurance v. WhiteCourt of Appeals for the Tenth Circuit · 1956

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