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ROLSCREEN CO. v. ABRAHAM & STRAUS

No. 8406.

25 F.Supp. 759 (1938)

ROLSCREEN CO. v. ABRAHAM & STRAUS, Inc.

District Court, E. D. New York.

November 23, 1938.

Attorney(s) appearing for the Case

Hoguet, Neary & Campbell, of New York City (Mark N. Donohue, of New York City, and Earl & Chappell and Ralph L. Chappell, all of Kalamazoo, Mich., of counsel), for the motion.

Cooper, Kerr & Dunham, of New York City (Thomas J. Byrne, of New York City, and Bair & Freeman, W. P. Bair, and Will Freeman, all of Chicago, Ill., of counsel), opposed.

CAMPBELL, District Judge.

This is a motion made on behalf of the defendant to dismiss because of alleged facts occurring since the trial and decision of this case, which it is alleged, definitely establish that the plaintiff is not entitled to enforce any rights granted to it under the Patents in suit.

On May 1, 1934, Patent No. 1,957,272 issued to the plaintiff. On May 28, 1935, plaintiff filed a Bill of Complaint against the Kirsch Company in the District...

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