DAL-BAC (PTY.), LTD. v. FIRMA ASTORWERK OTTO BERNING & CO.


244 F.Supp. 513 (1965)

DAL-BAC (PTY.), LTD., Plaintiff, v. FIRMA ASTORWERK OTTO BERNING & CO. and Approved Accessories, Inc., Defendants.

United States District Court S. D. New York.

June 30, 1965.


Attorney(s) appearing for the Case

Benjamin T. Rauber, New York City, for plaintiff.

Samuel L. Davidson, Herbert J. Jacobi, Donald A. Kaul, Washington, D. C., of counsel.

Ernest G. Montague, New York City, for defendants.


WYATT, District Judge.

This is a motion by defendants (styled a "cross motion") to dismiss the action as to defendant Approved Accessories, Inc. because "it is not a patentee nor a licensee of the patent in suit." (moving memorandum, page 1).

There is no affidavit in support of the motion, which would suggest that the motion is on the face of the complaint. On the other hand, there is a reference in the moving memorandum to "Defendants' Exhibits 1 and 2" which...

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