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EGRY REGISTER CO. v. ATLANTIC REGISTER CO.

No. 579.

38 F.Supp. 590 (1941)

EGRY REGISTER CO. v. ATLANTIC REGISTER CO. et al.

District Court, W. D. New York.

April 21, 1941.

Attorney(s) appearing for the Case

Toulmin & Toulmin, of Dayton, Ohio (H. A. Toulmin, Jr., of Dayton, Ohio, Max D. Farmer, of Buffalo, N. Y., and R. A. Greer, of Dayton, Ohio, of counsel), for plaintiff.

Herbert A. Baker, of Boston, Mass., and Bean, Brooks, Buckley & Bean and Richard W. Treverton, all of Buffalo, N. Y., for defendants.

KNIGHT, District Judge.

The action is for infringement of certain patents. The defendant, Atlantic Register Company, moves to dismiss the complaint on the ground that it is not subject to service of process within this district, and the defendant, Burroughs, moves to dismiss on the ground of lack of jurisdiction and further that he has not sold within this district any device alleged to infringe.

1. In my opinion the defendant is subject to process within...

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