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FERBER CORP. v. NORTHERN INDUS. PRODUCTS, INC.

18 N.J. Super. 493 (1952)

87 A.2d 549

FERBER CORPORATION, PLAINTIFF-APPELLANT, v. NORTHERN INDUSTRIAL PRODUCTS, INCORPORATED, AND ALL-RITE PEN, INCORPORATED, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 17, 1952.

Attorney(s) appearing for the Case

Mr. William R. Morrison argued the cause for appellant (Messrs. Morrison, Lloyd & Griggs, attorneys).

Mr. Jacob Schneider argued the cause for respondents (Messrs. Schneider & Schneider, attorneys).

Before Judges McGEEHAN, JAYNE and WM. J. BRENNAN, JR.

PER CURIAM.

Plaintiff's complaint was dismissed after trial in the Chancery Division. The trial judge resolved that the evidence was insufficient in its probative force to establish plaintiff's allegations that defendants wrongfully copied plaintiff's unpatented ball point pen and fraudulently palmed off their product upon jobbers and the public as plaintiff's product. We are in accord with his conclusion. Since the only ground urged upon the appeal is that the trial...

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