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MODREY v. AMERICAN GAGE & MACHINE COMPANY

No. 70 Civ. 3847.

339 F.Supp. 1213 (1972)

Henry J. MODREY, Plaintiff, v. AMERICAN GAGE & MACHINE COMPANY, Defendant.

United States District Court, S. D. New York.

March 6, 1972.

Attorney(s) appearing for the Case

Louis J. Wunder, Charles Marks, New York City, for plaintiff; Charles Marks, New York City, of counsel, on the brief.

Lauterstein & Lauterstein, New York City, Henry W. Lauterstein, New York City, of counsel and Quinn, Jacobs, Barry & Foster, Chicago, Ill., Robert O. Mansell, Chicago, Ill., of counsel, for defendant and counter-plaintiff.

OPINION

BONSAL, District Judge.

Plaintiff moves for summary judgment pursuant to Rule 56, Federal Rules of Civil Procedure, on the ground that he is entitled to judgment as a matter of law, there being no genuine issue of material fact. In the alternative, plaintiff moves pursuant to Rule 56(d) for an order specifying the facts which are uncontroverted.

Plaintiff, doing business as Modrey Associates and owner of Patent No. 3,448,894 issued on June...

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