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DURAMARK, INC. v. STENHOLM

37 A.D.2d 741 (1971)

Duramark, Inc., Respondent, v. Evan B. Stenholm, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 23, 1971

Judgment affirmed, with costs, on the opinion at Special Term.

Shapiro, J. (dissenting).

I cannot find from the proof in this case any substantially new process or discovery warranting a holding that what the defendant is doing amounts to appropriating a "secret" process belonging to the plaintiff. There was nothing basically new or novel about the products or processes or machines used by the plaintiff; and the "state of the art" in the industry...

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