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MARVEL SPECIALTY COMPANY v. MAGNET MILLS, INC.

No. 64 Civ. 2127.

297 F.Supp. 1026 (1969)

MARVEL SPECIALTY COMPANY, Inc., Plaintiff, v. MAGNET MILLS, INC., Defendant.

United States District Court S. D. New York.

March 28, 1969.

Attorney(s) appearing for the Case

Robert F. Conrad, J. Russell Verbrycke, III, Washington, D. C., for plaintiff, Harvey E. Bumgardner, Jr., New York City, of counsel.

Julius J. Rosen, New York City, for defendant, Louis Necho, Philadelphia, Pa., of counsel.

OPINION

THOMAS F. MURPHY, District Judge.

In this action plaintiff seeks a declaratory judgment that defendant's now expired patent No. 2,560,655 (hereinafter referred to as the '655 patent), issued on July 17, 1951, is invalid and was not infringed by the use of plaintiff's device. Defendant counterclaims for infringement.

Both parties agree that the manufacture of ladies' nylon hosiery is hampered by the tendency of the nylon thread to accidently...

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