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ALB, INC. v. NOMA ELECTRIC CORPORATION

130 F.Supp. 918 (1954)

ALB, Inc., Plaintiff, v. NOMA ELECTRIC CORPORATION, Defendant.

United States District Court S. D. New York.

November 17, 1954.

Attorney(s) appearing for the Case

Frederick P. Warfield, New York City, for plaintiff.

Morris Kirschstein, New York City, for defendant.

WALSH, District Judge.

The court states the basis for its determination as follows:

Of course, I am not overruling the Court of Appeals here or Judge Ryan, and, further, I am not disregarding the force of their conclusion. Even if I were not bound to follow, I would be persuaded by the discussion in their opinions. But I do not think the question here is what I believe to be the fact. The question here is what the plaintiff has proven to be the fact, and what...

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