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KAZ MANUFACTURING CO. v. CHESEBROUGH-PONDS, INC.

No. 27997.

317 F.2d 679 (1963)

KAZ MANUFACTURING CO., Inc., Plaintiff-Appellant, v. CHESEBROUGH-PONDS, INC., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided May 21, 1963.

Attorney(s) appearing for the Case

Briskin & Goldfarb, New York City, for appellant; Kenneth S. Goldfarb and Harry Starr, New York City, of counsel.

William D. Denson, New York City, for appellee; Warren H. Rotert of Morgan, Finnegan, Durham & Pine, New York City, of counsel.

Before SWAN, WATERMAN and MOORE, Circuit Judges.

SWAN, Circuit Judge.

This is a civil action in two counts, count 1 charging patent infringement and count 2 unfair competition. The patents in suit are Design Patent No. 181,257 for "Vaporizer Head Unit", Patent No. 2,885,750 for "Cover and Removable Spout Extension for a Vaporizer" and Patent No. 2,387,156 for "Electric Vaporizer".1 Before answer, defendant moved for a partial summary judgment...

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