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CHAS. FISCHER SPRING CO. v. MOTION PICTURE S. & A. CO.

36 F.Supp. 227 (1940)

CHAS. FISCHER SPRING CO. v. MOTION PICTURE SCREEN & ACCESSORIES CO., Inc., et al.

District Court, S. D. New York.

October 7, 1940.

Attorney(s) appearing for the Case

Leon Finkelstein, of New York City, for plaintiff.

Irving Frederick Goodfriend, of New York City, for defendant Herman A. Fisch.

MANDELBAUM, District Judge.

I am asked to grant summary judgment to the defendant pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, in this patent case.

It has been decided in patent cases that where it definitely appears that there is no infringement, the courts have determined the issues on affidavits and dismissed the bill. Weil et al. v. N. J. Richman Co., D.C., May 28th, 1940, 34 F.Supp...

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