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AMERICAN MACH. & F. CO. v. LIGGETT & MYERS TOBACCO CO.

Civ. A. No. 1032-57.

172 F.Supp. 12 (1959)

AMERICAN MACHINE & FOUNDRY COMPANY, Plaintiff, v. LIGGETT & MYERS TOBACCO CO., Defendant.

United States District Court D. New Jersey.

As Amended January 20, 1959.

Attorney(s) appearing for the Case

McCarter & English, by Verling C. Enteman, Newark, William J. Barnes, William A. Drucker, New York City, of counsel, for plaintiff.

Pitney, Hardin & Ward, by Frank C. O'Brien, Newark, N. J., Kenyon & Kenyon, by W. Houston Kenyon, Jr., New York City, James H. Callahan, New York City, of counsel, for defendant.

FORMAN, Chief Judge.

This action is brought by the American Machine & Foundry Company against Liggett & Myers, both New Jersey corporations, hereinafter called AMF and L&M respectively, to obtain a judgment pursuant to 35 U.S.C. § 146 entitling AMF to a patent now held by L&M. An Interference proceeding has been decided adversely to AMF by the Board of Patent Interference Examiners, hereinafter called the Board, within 60 days of the filing of...

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