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COLIBRI LIGHTERS (U.S.A.) INC. v. JACQUES KREISLER MFG. CORP.

238 F.Supp. 365 (1965)

COLIBRI LIGHTERS (U.S.A.) INC., Monogas (U.S.) Inc., and Colibri Corporation, Plaintiffs, v. JACQUES KREISLER MFG. CORP., Defendant. JACQUES KREISLER MFG. CORP., Third-Party Plaintiff, v. COLIBRI LIGHTERS LIMITED and Julien Keilus, Third-Party Defendants.

United States District Court S. D. New York.

January 6, 1965.

Attorney(s) appearing for the Case

Bierman & Bierman, New York City, for plaintiffs and Julien Keilus, third-party defendant.

Busby & Rivkin, New York City, for Jacques Kreisler Mfg. Corp.

PALMIERI, District Judge.

This is a motion by the defendant-third-party plaintiff Jacques Kreisler Mfg. Corp. for an order dismissing the plaintiffs' second claim for relief alleging patent infringement. Fed.R.Civ.P. 12(b) (6), (7). The basis for the motion is that plaintiff Colibri Lighters, Inc. (Colibri) has failed to aver that it is the assignee of the patent in suit and has failed to join the patentee as a party plaintiff or defendant. The allegation made by...

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