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FOLBERTH AUTO SPECIALTY v. TRICO PRODUCTS CORPORATION

10 F.2d 365 (1925)

FOLBERTH AUTO SPECIALTY v. TRICO PRODUCTS CORPORATION.

District Court, W. D. New York.

April 27, 1925.

Attorney(s) appearing for the Case

Miller, Gorham, Wales & Noxon, of Chicago, Ill. (J. William Ellis, of Buffalo, N. Y., of counsel), for plaintiff.

O'Grady, Orr, Morgan & Dudley, of Buffalo, N. Y. (Henry W. Killeen, of Buffalo, N. Y., of counsel), for defendant.

HAZEL, District Judge.

Two motions by plaintiff to strike out averments in its bill, and also to strike out paragraphs of the amended answer.

1. In view of the fact that an order has been entered, vacating and setting aside the prior decisions in the Mayo-Skinner Manufacturing Company and Apex Manufacturing Company cases sustaining the patent, I would incline towards permitting the elimination of those adjudications as contained in paragraphs 9 and 10. The...

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