GREGORY v. ROYAL TYPEWRITER CO.


27 F.Supp. 808 (1939)

GREGORY et al. v. ROYAL TYPEWRITER CO., Inc., et al.

District Court, S. D. New York.

April 20, 1939.


Attorney(s) appearing for the Case

Pennie, Davis, Marvin & Edmonds, of New York City, for plaintiffs.

Bartlett, Eyre, Scott & Keel, of New York City, for defendants.


HULBERT, District Judge.

This action is one for patent infringement and the plaintiffs move to strike out a counterclaim, which alleges: (1) that the patent in suit has not been infringed, and (2) is invalid.

This, plaintiffs urge, is nothing more than a reiteration of the issues framed by the complaint and the denials and affirmative defenses contained in the answer.

The useful purpose of a counterclaim for a declaratory judgment was aptly pointed...

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