Leach v. Ross Heater & Mfg. Co.

KNIGHT, District Judge.

Plaintiff sues for infringement of Letters Patent. Defendant answering denies infringement and includes a counterclaim upon which it petitions for a declaratory judgment.

The charge of infringement is based upon the manufacture and sale of a certain refining and heating apparatus by a corporation designated as “Ross Heater & Manufacturing Company, Inc.” to the “Quaker State Oil Refining Corporation” in the year 1933. Ross Heater & Manufacturing Company, Inc., defendant herein, is a company successor of a corporation of the identical name, “Ross Heater & Manufacturing…