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FALCON INDUSTRIES v. R. S. HERBERT CO.

Civ. No. 14128.

128 F.Supp. 204 (1955)

FALCON INDUSTRIES, Inc., an Indiana corporation, and Diversey Machine Works, Inc., an Illinois corporation, Plaintiffs, v. R. S. HERBERT CO., Inc., a New York corporation, Continental Briar Pipe Co., Inc., a New York corporation, Jerome Gevirman, individually and as an officer of the defendants R. S. Herbert Co., Inc. and Continental Briar Pipe Co., Inc., and Max Rubin, individually and as an officer of the defendants R. S. Herbert Co., Inc. and Continental Briar Pipe Co., Inc., Henry, Leonard & Thomas, Inc., a New York corporation, and Henry Lavietes, as an officer of Henry, Leonard & Thomas, Inc., Defendants.

United States District Court, E. D. New York.

February 4, 1955.

Attorney(s) appearing for the Case

Alexander, Maltitz, Derenberg & Daniels, New York City, Louis Kunin, New York City, Howard W. Hodgkins, and Howard Koven, Chicago, Ill., of counsel, for plaintiffs.

Abraham Nydick, New York City, W. Lee Helms, New York City, of counsel, for defendants.

BYERS, District Judge.

The plaintiffs seek an injunction and damages by reason of alleged unfair competition and the alleged infringement of a design patent and of a mechanical patent owned by the first named plaintiff, to be called Falcon.

The plaintiffs are corporations of Indiana and Illinois, respectively. The three corporate defendants are R. S. Herbert Co., Inc., to be called Herbert; Continental Briar Pipe Co., Inc., to be called Continental; and Henry...

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