FOLMER GRAFLEX CORP. v. GRAPHIC PHOTO SERVICE

Civil Action No. 972.

41 F.Supp. 319 (1941)

FOLMER GRAFLEX CORPORATION v. GRAPHIC PHOTO SERVICE et al.

District Court, D. Massachusetts.

October 9, 1941.


Attorney(s) appearing for the Case

I. U. Townsend, Jr. (Emery, Booth, Townsend, Miller & Weidner), of Boston, Mass., for plaintiff.

Worth Rowley, of Boston, Mass., for defendants.


SWEENEY, District Judge.

There are before me two motions: (1) To strike the fourth defense set up in the defendants' answer as immaterial, impertinent, or scandalous, and (2) a motion to strike the action from the jury list. The second motion raises the question of the defendants' right to a trial by jury.

The action involves an alleged infringement of the plaintiff's trade-mark, and seeks an injunction against the defendants and an accounting of their profits...

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