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AMERICAN SECURIT CO. v. SHATTERPROOF GLASS CORP.

Civ. A. No. 1691.

154 F.Supp. 890 (1957)

The AMERICAN SECURIT COMPANY, Plaintiff, v. SHATTERPROOF GLASS CORPORATION, Defendant.

United States District Court D. Delaware.

Rehearing Denied September 18, 1957.

Attorney(s) appearing for the Case

H. Eugene Savery, Wilmington, Del., John L. Seymour (of Bauer & Seymour), New York City, and Joseph W. Burns (of Fulton, Walter & Halley), New York City, for plaintiff.

Caleb S. Layton (of Richards, Layton & Finger), Wilmington, Del., and William C. McCoy and William C. McCoy, Jr. (of McCoy, Greene & TeGrotenhuis), Cleveland, Ohio, for defendant.

LEAHY, Chief Judge.

Plaintiff sues for infringements of certain patents concerning the tempering of glass. Defendant moved for summary judgment under Fed.Rules Civ.Proc. rule 56, 28 U.S.C. There is no genuine issue as to the material facts. The question before the court is one of law. A brief sketch of the historical background of this litigation is necessary.

1. On October 30, 1948, a final judgment in the form of a consent decree was filed in the District...

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