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COLGATE-PALMOLIVE COMPANY v. BRENNER

248 F.Supp. 378 (1965)

COLGATE-PALMOLIVE COMPANY, Plaintiff, v. Edward J. BRENNER, Commissioner of Patents, Defendant.

United States District Court S. D. New York.

December 13, 1965.

Attorney(s) appearing for the Case

Walter I. Seligsohn, New York City, for plaintiff.

Robert M. Morgenthau, U. S. Atty., New York City, David E. Montgomery, Asst. U. S. Atty., of counsel, for defendant.

COOPER, District Judge.

This motion seeks summary judgment pursuant to Rule 56, F.R.Civ.P. There being no material issue of fact in dispute, the defendant by way of cross-relief also seeks summary judgment.

The jurisdiction of the Court is invoked on several grounds: 28 U.S.C. §§ 1361, 2201, 1338, and 5 U.S.C. § 1009.

By decision of June 9, 1965 the Commissioner of Patents (hereinafter "the Commissioner") denied plaintiff's petition...

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