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MESSING v. QUILTMASTER CORPORATION

Civ. A. No. C-177-57.

162 F.Supp. 489 (1958)

Benjamin MESSING, Harry Jacobs and The Jason Corporation, Plaintiffs, v. QUILTMASTER CORPORATION, Defendant.

United States District Court D. New Jersey.

May 27, 1958.

Attorney(s) appearing for the Case

William A. Kaufmann, Hoboken, N. J., and Fish, Richardson & Neave, New York City, for plaintiffs, by Harry R. Pugh, Jr., Henry R. Ashton, Ronald F. Ball, New York City.

Norman N. Popper, Newark, N. J., for defendant.

WORTENDYKE, District Judge.

In this patent infringement case, invoking jurisdiction under 28 U.S.C.A. § 1338(a), the first of the two patents relied upon by plaintiffs (No. 2,621,138, herein referred to as '138) has already been adjudicated invalid by this Court upon defendant's motion for summary judgment. The Court's opinion upon that motion, filed February 21, 1958 and reported at 159 F.Supp. 181, will disclose the issues...

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