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STADIUM MFG. CO. v. PLYMOUTH PAJAMA CORPORATION

No. 4382.

24 F.Supp. 779 (1937)

STADIUM MFG. CO., Inc., v. PLYMOUTH PAJAMA CORPORATION.

District Court, D. Massachusetts.

January 14, 1937.

Attorney(s) appearing for the Case

Herbert A. Baker and Alan B. Bagley, both of Boston, Mass., and Julius H. Wyman and Harry Kairys, both of Baltimore, Md., for plaintiff.

Robert L. Thompson and Roberts, Cushman & Woodberry, all of Boston, Mass., for defendant.

BREWSTER, District Judge.

In defendant's answer to plaintiff's patent infringement suit it has set up two counterclaims, one based on unfair competition and the other upon the recent Declaratory Judgment Act, 28 U.S.C.A. § 400. Plaintiff moves to strike out both counterclaims.

The unfair competition charged against the plaintiff is the warning which the plaintiff has spread among the trade, including defendant...

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