ZUCKERMAN v. PILOT


71 F.Supp. 478 (1940)

ZUCKERMAN v. PILOT et al.

District Court, S. D. New York.

July 23, 1940.


Attorney(s) appearing for the Case

Louis W. Arnold, Jr., of New York City, for plaintiff.

Abraham H. Brown, of New York City, for defendants.


LEIBELL, District Judge.

Plaintiff moves, with supporting affidavits, for summary judgment under Rule 56(a), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. The amended complaint sets forth six alleged causes of action under 35 U.S.C.A. § 50 (third paragraph), which reads as follows:

"Who, in any manner, marks upon or affixes to any unpatented article the word `patent,' or any word importing that the same is patented, for the purpose...

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