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RAINS v. NIAQUA, INC.

Civ. No. 11568.

282 F.Supp. 383 (1968)

John K. RAINS, Plaintiff, v. NIAQUA, INC., Defendant.

United States District Court W. D. New York.

March 25, 1968.

Attorney(s) appearing for the Case

Greenspan & Aurnou, White Plains, N. Y. (Leon J. Greenspan, White Plains, N. Y., of counsel), and Sommer & Weber, Buffalo, N. Y. (Kenneth R. Sommer, Buffalo, N. Y., of counsel), for plaintiff.

Bean, Brooks, Buckley & Bean, Buffalo, N. Y. (Edwin T. Bean, Buffalo, N. Y., of counsel), and Jaeckle, Fleischmann, Kelly, Swart & Augspurger, Buffalo, N. Y. (John M. Montfort, Buffalo, N. Y., of counsel), for defendant.

HENDERSON, District Judge.

This is an action brought under the patent laws of the United States for alleged infringement by defendant of Patent No. Des. 201,793. Jurisdiction and venue are not disputed.

The plaintiff, John K. Rains, is a resident of White Plains, New York, and the owner of the patent in suit which was applied for an April 26, 1963, and issued on August 3, 1965. Niaqua, Inc., the defendant, is a New York corporation having its principal place...

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