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METALS DISINTEGRATING CO. v. REYNOLDS METALS CO.

Civ. A. No. 1120.

98 F.Supp. 201 (1951)

METALS DISINTEGRATING CO., Inc. v. REYNOLDS METALS CO.

United States District Court, D. Delaware.

May 18, 1951.

Attorney(s) appearing for the Case

Arthur G. Connolly, of Wilmington, Del., Drury W. Cooper, Jr., and W. D. Keith (of Cooper, Byrne, Dunham, Keith & Dearborn), of New York City, for plaintiff.

Thomas Cooch (of Morford, Bennethum, Marvel & Cooch), of Wilmington, Del., and Raymond F. Adams and Curt Von Boetticher, Jr., of New York City, for defendant.

LEAHY, Chief Judge.

This is a patent infringement suit. After my earlier decision1 denying defendant "Reynolds'" motion for summary judgment, Reynolds filed an answer to the amended complaint in which five affirmative defenses are contained. Plaintiff "Metals Disintegrating" now moves to strike paragraphs 23 to 25 (the second affirmative defense) of the answer, "on the ground that the defense as stated is res adjudicata between...

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