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SHEROVER v. JOHN WANAMAKER, NEW YORK

29 F.Supp. 650 (1939)

SHEROVER v. JOHN WANAMAKER, NEW YORK.

District Court, S. D. New York.

June 17, 1939.

Attorney(s) appearing for the Case

Lind, Shlivek, Marks & Brin, of New York City, for plaintiff.

Gifford, Scull & Burgess, of New York City (Newton A. Burgess and Henry M. Leigh, both of New York City, of counsel), for defendant.

LEIBELL, District Judge.

Plaintiff, holder of two patents, sues for an alleged infringement thereof by defendant "selling mattresses embodying the patented inventions". Defendant prior to answering the complaint makes two motions — one under Rule 12(e) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, for a more definite statement of the article or articles alleged to infringe the patent in suit. At the argument it was agreed that...

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