AUTOMATIC PAPER MACHINERY CO. v. MARCALUS MFG. CO.

No. 5334.

28 F.Supp. 311 (1939)

AUTOMATIC PAPER MACHINERY CO., Inc., v. MARCALUS MFG. CO., Inc., et al.

District Court, D. New Jersey.

June 23, 1939.


Attorney(s) appearing for the Case

Pennie, Davis, Marvin & Edmonds, of New York City (George E. Middleton, of New York City, of counsel), for plaintiff.

Wall, Haight, Carey & Hartpence, of Jersey City, N. J. (Thomas G. Haight and Frederic W. Schumann, both of Jersey City, N. J., of counsel), for defendants.


FAKE, District Judge.

This is a patent suit in which the plaintiff seeks injunctive relief and an accounting.

The defendant Nicholas Marcalus was the original and sole inventor of certain improvements in a box for paper rolls. Thereafter, on obtaining a patent for the same No. 1,630,495, he assigned it to the plaintiff corporation of which he was one of the founders, its Vice President, Treasurer and Manager of Production. He later sold out his interests in...

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