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J. L. CLARK MANUFACTURING CO. v. AMERICAN CAN CO.

Civ. No. 711-64.

256 F.Supp. 719 (1966)

J. L. CLARK MANUFACTURING CO., Plaintiff, v. AMERICAN CAN COMPANY, Defendant.

United States District Court D. New Jersey.

March 30, 1966.

Attorney(s) appearing for the Case

Toner, Crowley, Woelper & Vanderbilt, Newark, N. J. (Willard G. Woelper, Newark, N. J.) for plaintiff, Wolfe, Hubbard, Voit & Osann, Chicago, Ill. (Richard Russell Wolfe, Edward B. Holt, and Thomas M. Small, Chicago, Ill., appearing).

Pitney, Hardin & Kipp, Newark, N. J. (Frank C. O'Brien, Newark, N. J.) for defendant, Davis, Hoxie, Faithfull & Hapgood, New York City (John Hoxie, Stanley Amberg, George P. Ziehmer, and James W. Fitzsimmons, New York City, appearing).

OPINION

LANE, District Judge:

This is an action for infringement of United States Letters Patent Number 3,129,860 (hereinafter "Foster patent"). Said patent, entitled "Closure Construction for Sifting Containers," was issued to plaintiff J. L. Clark Manufacturing Co. on April 21, 1964, upon an application of John A. Foster, plaintiff's assignor. The original application for the patent in suit was filed November 23, 1960,1 and...

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