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AUTOMATIC PAPER MACHINERY CO. v. MARCALUS MFG. CO.

No. 8589.

147 F.2d 608 (1945)

AUTOMATIC PAPER MACHINERY CO., Inc., v. MARCALUS MFG. CO., Inc., et al.

Circuit Court of Appeals, Third Circuit.

Decided February 8, 1945.

Writ of Certiorari Granted April 30, 1945.

Attorney(s) appearing for the Case

Samuel E. Darby, Jr., of New York City (Wall, Haight, Carey & Hartpence, of Jersey City, N. J., Donald J. Overocker, of New York City, and Edward J. O'Mara, of Jersey City, N. J., on the brief), for appellants.

George E. Middleton, of New York City (Young, Shanley & Foehl, of Newark, N. J., on the brief), for appellee.

Before BIGGS, GOODRICH, and McLAUGHLIN, Circuit Judges.

Writ of Certiorari Granted April 30, 1945. See 65 S.Ct. 1088.

BIGGS, Circuit Judge.

The plaintiff Automatic Paper Machinery Company, Inc., sued Nicholas Marcalus and Marcalus Manufacturing Company, Inc., alleging infringement of United States Patent No. 1,843,429, and sought an injunction and an accounting. On a motion for a summary judgment filed by the plaintiff pursuant to Rule 56 of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c, the...

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