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EMSIG MANUFACTURING CO. v. ROCHESTER BUTTON COMPANY

163 F.Supp. 414 (1958)

EMSIG MANUFACTURING CO., a partnership composed of Max Emsig, Sidney Emsig, Jack Emsig and Joseph Sucher, Plaintiff, v. ROCHESTER BUTTON COMPANY, a corporation of New York and Rochester Button Machine Corp., a corporation of New York, the latter by change of name to Speed Feed Machine Corporation, Defendants.

United States District Court S. D. New York.

July 9, 1958.

Attorney(s) appearing for the Case

J. T. Basseches, New York City, for plaintiff, Mark T. Basseches, New York City, of counsel.

Kenyon & Kenyon, New York City, for defendant, Theodore S. Kenyon, Ralph L. Chappell, Hugh A. Chapin, New York City, of counsel.

DAWSON, District Judge.

This is a motion made by the defendants under Rule 56 of the Rules of Civil Procedure, 28 U.S.C.A. for summary judgment dismissing the complaint. The action is one for patent infringement. In the answer the defendants allege, as part of an affirmative defense, that "plaintiff is not entitled to any relief or recovery based on alleged infringement of United States Letters Patent No. 2,597,912 because it has been employed, and is being employed...

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