STANDARD CORRUGATED CASE CORPORATION v. SERVBEST CO.


38 F.Supp. 1020 (1941)

STANDARD CORRUGATED CASE CORPORATION v. SERVBEST CO., Inc., et al.

District Court, S. D. New York.

March 3, 1941.


Attorney(s) appearing for the Case

Markowitz & Markowitz, of New York City, for plaintiff.

Thomas J. Byrne, of New York City, for defendant National Electrotype Co.


MANDELBAUM, District Judge.

Plaintiff moves for a temporary injunction on two unadjudicated patents. The court, after examining the affidavits, exhibits, and the authorities submitted by both sides, is constrained to deny the motion. It is the generally accepted rule that courts will refuse a preliminary injunction in the absence of prior adjudication or public acquiescence when there is any fair question as to invention, anticipation, construction, infringement or...

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