OSTOW & JACOBS, INC. v. MORGAN-JONES, INC.


180 F.Supp. 38 (1959)

OSTOW & JACOBS, INC., Plaintiff, v. MORGAN-JONES, INC., and Aileen Mills, Inc., Defendants.

United States District Court S. D. New York.

December 16, 1959.


Attorney(s) appearing for the Case

Charles Sonnenreich, New York City, for plaintiff.

Burke & Burke, New York City, for defendant Morgan-Jones, Inc., Harold W. Wolfram, George I. Harris, New York City, of counsel.


DIMOCK, District Judge.

This is a motion to dismiss the action as to defendant Morgan-Jones, Inc., hereinafter Morgan-Jones, on the ground that no claim within the jurisdiction of the federal court is made against it.

The action is one for a declaratory judgment that a patent held by defendant Aileen Mills Co., Inc., hereinafter Aileen, is invalid and not infringed and for an injunction and accounting. There was also a claim of monopolistic activities but...

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