McCABE & SCHOENHOLZ v. FRANK J. QUIGAN

No. 4631.

36 F.2d 1000 (1929)

McCABE & SCHOENHOLZ, Inc., v. FRANK J. QUIGAN, Inc.

District Court, E. D. New York.

December 17, 1929.


Attorney(s) appearing for the Case

Maurice W. Monheimer, of New York City, for plaintiff.

C. P. Goepel, of New York City, for defendant.


GALSTON, District Judge.

The plaintiff moves that the counterclaim set up in the answer be stricken out on the ground that the court has no jurisdiction and because the counterclaim on its face is insufficient to constitute a valid cause of action in equity.

It will be necessary to consider only the former ground.

The action is one for the infringement of letters patent. The counterclaim alleges unwarranted notices of infringement. It is alleged that...

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