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ARGUS CHEMICAL CORPORATION v. AMERICAN CAN COMPANY

227 F.Supp. 130 (1963)

ARGUS CHEMICAL CORPORATION, Plaintiff, v. AMERICAN CAN COMPANY and M & T Chemicals Incorporated, Defendants.

United States District Court S. D. New York.

December 27, 1963.

Attorney(s) appearing for the Case

Watson, Leavenworth, Kelton & Taggart, New York City, John R. Janes, David H. Pfeffer, New York City, of counsel, for plaintiff.

Fish, Richardson & Neave, New York City, W. Philip Churchill, Roger R. Phillips, Carl G. Seutter, New York City, of counsel, for defendants.

McLEAN, District Judge.

This is an action pursuant to 35 U.S.C. § 291 for a determination as to which of several interfering patents is valid. Two of the patents are owned by plaintiff and one by defendant M & T Chemicals Incorporated. Apparently they all cover the same invention.

Before answering, defendants served a notice to take the deposition of plaintiff. Plaintiff moves to stay the examination until the parties have simultaneously exchanged...

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