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SAMUEL J. MILLER & CO. v. A. SCHRETER & SONS CO.

Civ. No. 13999.

246 F.Supp. 737 (1965)

SAMUEL J. MILLER & CO., a partnership composed of Samuel J. Miller, Henry J. Miller and Nathaniel Miller, for itself and, as to Count Three, also on Behalf of United States of America v. A. SCHRETER & SONS COMPANY, Incorporated, a Maryland Corporation, Sidney H. Schreter, Leon M. Schreter, A. Harvey Schreter and Sidney H. Schreter and Daniel C. Joseph, as surviving Executors of the Estate of Abraham Schreter.

United States District Court D. Maryland.

October 19, 1965.

Attorney(s) appearing for the Case

John W. Avirett, 2d, John Martin Jones, Jr., Robert B. Barnhouse, and Piper & Marbury, Baltimore, Md., and Walter J. Blenko, Jr., Pittsburgh, Pa., for plaintiff.

Edward Pierson, Leon H. A. Pierson and Pierson & Pierson, Baltimore, Md., and William D. Denson and Morgan, Finnegan, Durham & Pine, New York City, for defendants.

THOMSEN, Chief Judge.

Now before the Court is plaintiff's motion for a partial summary judgment declaring invalid defendants' U. S. Patent No. 2,813,273 for a "button-down necktie".

Patent '273 was issued on November 19, 1957, to the late Abraham Schreter, the father of the individual defendants1, pursuant to an application filed by him on November 28, 1955. The corporate defendant (Schreter, Inc.) manufactures and sells neckties...

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