POTTER INSTRUMENT CO. v. MOHAWK DATA SCIENCES CORP.

No. 69 Civ. 2061.

309 F.Supp. 866 (1969)

POTTER INSTRUMENT COMPANY, Inc., Plaintiff, v. MOHAWK DATA SCIENCES CORPORATION, Defendant.

United States District Court S. D. New York.

December 3, 1969.


Attorney(s) appearing for the Case

Walsh & Frisch, New York City, for plaintiff.

Darby & Darby, New York City, for defendant.


MEMORANDUM

TENNEY, District Judge.

Defendant, alleging lack of subject matter jurisdiction and failure to state a claim upon which relief can be granted, moves pursuant to Rules 12(b) (1) and (6) of the Fed.R.Civ.P., respectively, for an order dismissing Paragraph 13 of plaintiff's complaint and Paragraph (b) of the Demand for Judgment. By its complaint, which is founded upon 28 U. S.C. § 1338 and 35 U.S.C. § 146, plaintiff seeks to set aside a...

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