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BARR RUBBER PRODUCTS COMPANY v. SUN RUBBER COMPANY

No. 60 Civ. 4327.

277 F.Supp. 484 (1967)

The BARR RUBBER PRODUCTS COMPANY, Plaintiff, v. The SUN RUBBER COMPANY, and Wonder Products, Inc., Defendants.

United States District Court S. D. New York.

As Modified November 21, 1967.

Attorney(s) appearing for the Case

Ely & Golrick, Cleveland, Ohio, Albert L. Ely, Jr., Cleveland, Ohio, of counsel, Darby & Darby, New York City, Harvey M. Brownrout, New York City, of counsel, Theodore A. Lazar, Columbus, Ohio, for plaintiff.

Pennie, Edmonds, Morton, Taylor & Adams, New York City, Thomas F. Reddy, Jr., New York City, of counsel, Hamilton & Cook, Akron, Ohio, Everett R. Hamilton, Phillip L. Kenner, Akron, Ohio, of counsel, for defendant.

OPINION

FRANKEL, District Judge.

In this action, begun on November 3, 1960, plaintiff, Barr Rubber Products Company, sues The Sun Rubber Company for:

(1) a declaration of invalidity and noninfringement with respect to United States Patent No. 2,629,134 relating to a method of casting plastic articles, and (2) damages and injunctive relief against alleged violations of the antitrust laws and allegedly unfair competitive practices.

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