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INTERNATIONAL MIN. & CHEM. CORP. v. GOLDING-KEENE CO.

Civ. A. No. 7560.

164 F.Supp. 101 (1958)

INTERNATIONAL MINERALS & CHEMICALS CORPORATION, Plaintiff, v. GOLDING-KEENE COMPANY, a corporation, and Grant S. Diamond, an individual, Defendants.

United States District Court W. D. New York.

July 1, 1958.

Attorney(s) appearing for the Case

Magavern, Magavern, Lowe & Gorman, Buffalo, N. Y. (Samuel D. Magavern, Buffalo, N. Y., of counsel) and Burns, Doane, Benedict & Irons, Washington, D. C. (Edward S. Irons and Harold J. Birch, Washington, D. C., of counsel), for plaintiff.

Hellings, Ulsh, Morey & Stewart, Buffalo, N. Y. (William I. Morey, Buffalo, N. Y., of counsel) and Hill, Sherman, Meroni, Gross & Simpson, Chicago, Ill. (Carlton Hill and Benjamin H. Sherman, Chicago, Ill., of counsel), for defendants.

MORGAN, District Judge.

Defendant has moved under F.R.C.P. 41, 28 U.S.C.A., to dismiss the above entitled action on the ground that it has repudiated and withdrawn the charge of infringement which prompted plaintiff to institute this declaratory judgment action. Defendant contends that therefore there is no dispute between these parties and that the court should exercise its discretion and dismiss the action. On oral argument, counsel for defendant stated that defendant...

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