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VERMONT STRUCTURAL SLATE CO. v. TATKO BROS. SLATE CO.

Civ. A. No. 5587.

134 F.Supp. 4 (1955)

VERMONT STRUCTURAL SLATE CO., Inc., Plaintiff, v. TATKO BROTHERS SLATE CO., Inc., Defendant.

United States District Court N. D. New York.

September 16, 1955.

Attorney(s) appearing for the Case

Whalen, McNamee, Creble & Nichols, Albany, N. Y., for plaintiff, David S. Williams, Albany, N. Y., and John C. Blair, Stamford, Conn., of counsel.

James F. Sennett, Granville, N. Y., for defendant, Maxwell E. Sparrow, New York City, of counsel.

FOLEY, District Judge.

The motion is one for summary judgment under Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. The suit upon which the motion is based seeks judgment declaring that a certain patent No. 2,693,926, held by John Tatko as inventor, and issued to the defendant as his assignee, is invalid. The rareness of such application for summary judgment in a patent case, together with the continued warnings of the Court of Appeals, Second Circuit...

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