EASTMAN KODAK CO. v. McAULEY


41 F.Supp. 873 (1941)

EASTMAN KODAK CO. v. McAULEY et al.

District Court, S. D. New York.

September 25, 1941.


Attorney(s) appearing for the Case

Pennie, Davis, Marvin & Edmonds, of New York City (N. M. Perrins and George A. Gillette, Jr., both of Rochester, N. Y., of counsel), for plaintiff.

Harry Price, of New York City, for defendants.


CONGER, District Judge.

Plaintiff has moved to strike out paragraphs 13, 14, 17(g) and the last four lines of paragraph 18, of the third party complaint, on the ground that the defense of laches and estoppel that is therein alleged is insufficient in law upon the facts as pleaded.

Plaintiff contends that these allegations as to the manufacture and sale of film reels by strangers to this action cannot become the basis of the defense of estoppel by the third...

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