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SERVAAS & COMPANY v. DRITZ

185 F.Supp. 61 (1960)

SERVAAS & COMPANY, Inc., Plaintiff, v. Lawrence L. DRITZ, Stanley L. Dritz, Eugene F. Dritz and Julius Elson, DBA John Dritz & Sons and John Dritz & Son, Inc., Defendants.

United States District Court S. D. New York.

June 15, 1960.

Attorney(s) appearing for the Case

Kenyon & Kenyon, New York City, for plaintiff, Francis T. Carr, Richard A. Huettner, New York City, Lockwood, Woodard, Smith & Weikart, Harold R. Woodard, Indianapolis, Ind., of counsel.

James & Franklin, New York City, for defendants, Maxwell James, New York City, of counsel.

HERLANDS, District Judge.

In this action for patent infringement, defendants move for summary judgment. F.R.Civ.P., rule 56, 28 U.S.C.A.

The complaint was filed September 23, 1959. Plaintiff's patent is entitled "Resilient Garment-Supporting Hoop, And Garment," Patent No. 2,675,551. Defendants are accused of infringing upon said patent "by selling in this district apron hoops which are dominated by the claims of...

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