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ROSS v. PLASTIC PLAYTHINGS

138 F.Supp. 887 (1956)

Morton M. ROSS, Plaintiff, v. PLASTIC PLAYTHINGS, Inc., and Stahlwood Toy Manufacturing Co., Inc., Defendants.

United States District Court S. D. New York.

March 6, 1956.

Attorney(s) appearing for the Case

Nelson J. Edge, New York City, for plaintiff.

J. T. Basseches, New York City, for defendants.

BICKS, District Judge.

Plaintiff instituted this suit against defendant Plastic Playthings, Inc. in December, 1951 for alleged infringement of his design patent. The complaint prayed for an injunction and an accounting of profits. On January 14, 1952 plaintiff filed a note of issue requesting that the action be added to the Civil Non-Jury Trial Calendar. In October, 1955, after the patent expired, plaintiff sought and was granted leave to amend his complaint by (1...

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