Sani-Top, Inc., a Corporation v. North American Aviation, Inc., a Corporation
Opinion
Opinion
Sani-Top, a California corporation, sought below a declaratory judgment against North American. Sani-Top wanted the district court to tell it whether United States Patent No. 2,433,643 owned by North American is valid and whether Sani-Top is infringing it. Apparently, the patented process has something to do with “postforming” or bending flat sheets of formica. Sani-Top, we take it, makes some kind of tops or drainboards for kitchen sinks and uses a post-forming process on formica sheets.
Sani-Top’s complaint pleaded too much evidence, including an affidavit of one of its attorneys. Defendant responded with a motion to dismiss and supported it by an affidavit of its counsel. Essentially the affidavit of defendant’s counsel is that he hasn’t said what plaintiff’s attorney said he has said, or perhaps there was a misunderstanding. The motion to dismiss plaintiff’s complaint made by defendant is not self-sufficient. It refers to pleadings in two other cases brought in the same district court in which this action was brought. Also, it refers to reasons for dismissal. These reasons have not been printed. No one has brought to this court the pleadings in the other cases.