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DIXIE DRINKING CUP CO. v. PAPER UTILITIES CO.

5 F.2d 322 (1925)

DIXIE DRINKING CUP CO., Inc., v. PAPER UTILITIES CO., Inc., et al.

District Court, E. D. New York.

March 26, 1925.

Attorney(s) appearing for the Case

Dunn, Goodlett & Massie, of New York City (Clifford E. Dunn, of New York City, of counsel), for plaintiff.

Ward, Crosby & Smith, of New York City (S. Mortimer Ward, Jr., of New York City, of counsel), for defendants.

INCH, District Judge.

This is a motion by defendant in an equity action before answer. The plaintiff has sued the defendants for infringement of letters patent. The bill of complaint is in the usual form. The question raised by the motion before me is entirely one of practice.

Care has been exercised to confine this decision solely to the question here presented, and nothing here said is intended as a decision on the merits.

Defendant moves on affidavit...

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