DISPLAY STAGE LIGHTING CO. v. CENTURY LIGHTING, INC.


41 F.Supp. 937 (1941)

DISPLAY STAGE LIGHTING CO., Inc., v. CENTURY LIGHTING, Inc.

District Court, S. D. New York.

November 25, 1941.


Attorney(s) appearing for the Case

Schaines & Liberman, of New York City (W. R. Liberman, of New York City, of counsel), for plaintiff.

Louis Barnett, of New York City (Albert T. Scharps, of New York City, of counsel), for defendant.


GODDARD, District Judge.

The plaintiff moves for a dismissal of the "Second Defense" pleaded in defendant's answer upon the ground that it is insufficient in law. The defendant makes a cross motion to dismiss the complaint based upon this second defense.

The complaint seeks a declaratory judgment, Judicial Code, Section 274d, 28 U.S. C.A. § 400, declaring that two patents owned by the defendant are invalid or not infringed. The patents relate to a "Display...

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