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NEW WRINKLE v. FRITZ

45 F.Supp. 108 (1942)

NEW WRINKLE, Inc., v. FRITZ.

District Court, W. D. New York.

March 26, 1942.

Attorney(s) appearing for the Case

John S. Powers, of Buffalo, N. Y., and Toulmin & Toulmin, of Dayton, Ohio, (Frederick S. Duncan, of New York City, H. A. Toulmin, H. A. Toulmin, Jr., and Rowan A. Greer, all of Dayton, Ohio, and John S. Powers, of Buffalo, N. Y., of counsel), for plaintiff.

Albert Henry, of Buffalo, N. Y., Gray & Smith, of Detroit, Mich., (Elmer Jamison Gray and Arthur M. Smith, both of Detroit, Mich., and Harold E. Howlett, of Pontiac, Mich., of counsel), for defendant.

KNIGHT, District Judge.

This is a suit for infringement of certain claims of Root Patent No. 1,732,661, application filed May 25, 1927, granted October 22, 1929, and of Root Patent No. 1,896,594, application filed March 7, 1929, granted February 7, 1933. Admittedly the plaintiff is the owner of these patents. Suit was originally brought against the Pontiac Varnish Company, a Michigan Corporation (hereinafter called Pontiac). The complaint against the corporate defendant...

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