SPERRY PRODUCTS v. ASSOCIATION OF AMERICAN RAILROADS


44 F.Supp. 660 (1942)

SPERRY PRODUCTS, Inc., v. ASSOCIATION OF AMERICAN RAILROADS et al.

District Court, S. D. New York.

January 12, 1942.


Attorney(s) appearing for the Case

Stephen H. Philbin, of New York City (Paul R. Ames and John B. Cuningham, both of New York City, of counsel), for plaintiff.

George E. Middleton, of New York City (L. B. Mann and Robert C. Brown, Jr., both of Chicago, Ill., of counsel), for defendant association.

Louis J. Carruthers, of New York City, for Long Island R. Co.

Cravath, Degersdorff, Swaine & Wood, of New York City (W. F. West, of Cleveland, Ohio, of counsel), for New York, C. & St. L. R. Co.

Davis, Polk, Wardwell, Gardiner & Reed, of New York City (H. A. Taylor, of New York City, of counsel), for Erie R. Co.

Clive C. Handy, of New York City, for New York Cent. R. Co. and another.

Richard W. Hall, of Boston, Mass., and E. R. Brumley, of New York City, for Boston & M. R. R.

Thomas L. Ennis, of New York City, for Delaware & H. R. Co.


CONGER, District Judge.

Plaintiff has sued for patent infringement the Association of American Railroads, six railroad companies (members of the Association) and an individual director of the Association.

All of the defendants have moved for dismissal, on the ground that the complaint fails to state a cause of action; and on the ground of improper venue and lack of jurisdiction over some of the defendants.

On the oral argument of these motions, it...

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