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NOVOCOL CHEMICAL MFG. CO. v. POWERS & ANDERSON D. CO.

No. 28.

37 F.Supp. 594 (1941)

NOVOCOL CHEMICAL MFG. CO., Inc., v. POWERS & ANDERSON DENTAL CO., Inc.

District Court, W. D. North Carolina.

March 10, 1941.

Attorney(s) appearing for the Case

Paul B. Eaton, of Charlotte, N. C. (S. Mortimer Ward, Jr., and James B. L. Orme, both of New York City, of counsel), for plaintiff.

Clayton Lee Burwell, of Charlotte, N. C. (Chritton, Wiles, Davies, Hirschl & Dawson and Charles J. Merriam, all of Chicago, Ill., of counsel), for defendant.

WEBB, District Judge.

The complainant seeks an injunction against the respondent, asking that the respondent be restrained from packaging the well known cartridge in a vacuumized bakelite cup. The respondent alleges that it has a right to use the bakelite vacuumized cup for shipping cartridges, and alleges that the Goldberg patent is void. As the respondent alleges, the Goldberg patent produces "nothing unknown and produces no new result by putting the old dental...

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