RUBY v. EBSARY GYPSUM CO.


36 F.2d 244 (1929)

RUBY v. EBSARY GYPSUM CO., Inc.

District Court, W. D. New York.

September 20, 1929.


Attorney(s) appearing for the Case

John S. Powers, of Buffalo, N. Y. (Frank E. Liverance, Jr., of Grand Rapids, Mich., of counsel), for plaintiff.

Abbott, Rippey & Hutchins, of Rochester, N. Y. (Harland W. Rippey, of Rochester, N. Y., and Lawrence Bristol, of New York City, of counsel), for defendant.


HAZEL, District Judge.

This action was brought to enjoin infringement of four patents by defendant, to decree cancellation and termination of various license agreements between plaintiff and defendant, for accounting for unpaid royalties, and damages and profits arising from infringement. The bill avers that on January 1, 1928, the license agreements to use the patented inventions were repudiated by defendant, and that, owing to its failure to make required reports...

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