SIMMONDS AEROCESSORIES v. ELASTIC STOP NUT CORP.

Civ. A. No. 259-57.

154 F.Supp. 615 (1957)

SIMMONDS AEROCESSORIES, Ltd., Plaintiff, v. ELASTIC STOP NUT CORPORATION OF AMERICA, Defendant.

United States District Court D. New Jersey.

August 7, 1957.


Attorney(s) appearing for the Case

Weisman & Freedman, Newark, N. J., by Joseph A. Weisman, Newark, N. J., for plaintiff.

Riker, Emery & Danzig, Newark, N. J., by Hamilton Hicks, New York City, and Curtis F. Prangley, Chicago, Ill., for defendant.


WORTENDYKE, District Judge.

In this diversity action for a declaratory judgment as to the validity of defendant's registered trade mark and for damages for unfair competition, the defendant directs a six-pronged attack upon the complaint. The defendant's motions may be placed in four categories:

(1) A motion to strike the entire complaint for failure to state a claim upon which relief can be granted under Fed. Rules Civ.Proc. rule 12(b) (6), 28 U.S.C.

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