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WALLACE & TIERNAN INC. v. GENERAL ELECTRIC COMPANY

No. 67 Civ. 4991.

291 F.Supp. 217 (1968)

WALLACE & TIERNAN INC., Plaintiff, v. GENERAL ELECTRIC COMPANY, Defendant.

United States District Court S. D. New York.

October 7, 1968.

Attorney(s) appearing for the Case

McLean, Morton & Boustead, New York City, for plaintiff, J. Donald Tierney, Cooper, Dunham, Henninger & Clark, New York City, of counsel.

Davis, Hoxie, Faithfull & Hapgood, New York City, for defendant, John Hoxie, James E. Ryder, John E. Nathan, New York City, of counsel.

OPINION

FRANKEL, District Judge.

Defendant, General Electric Company, holds as assignee a patent, No. 2,888,424, granted in 1959, which is adequately described for present purposes in defendant's Memorandum (p. 2) as being "directed to a curable, cross-linkable composition of (1) polyethylene (2) a defined peroxide and (3) a specified filler. Its claims cover that three-membered composition, before and after curing, and the process...

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