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PARKER METAL GOODS COMPANY v. R. M. S. ELECTRONICS, INC.

243 F.Supp. 15 (1965)

PARKER METAL GOODS COMPANY, Plaintiff, v. R. M. S. ELECTRONICS, INC., Defendant.

United States District Court S. D. New York.

May 27, 1965.

Attorney(s) appearing for the Case

Irving Seidman, New York City, for plaintiff.

Hubbell, Cohen, Stiefel & Fiddler, New York City, for defendant.

CASHIN, District Judge.

The complaint in this action alleges two causes of action. In the first, the plaintiff charges patent infringement. In the second, it alleges unfair competition.

The defendant moves to dismiss the latter cause on the basis of two recent Supreme Court decisions. Sears, Roebuck & Co. v. Stiffel Co., 376 U.S. 225, 84 S.Ct. 784, 11 L.Ed.2d 661 (1964); Compco Corp. v. Day-Brite Lighting,

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