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POLAROID CORP. v. BERKEY PHOTO, INC.

Civ. A. No. 75-179.

425 F.Supp. 605 (1976)

POLAROID CORPORATION, Plaintiff, v. BERKEY PHOTO, INC., Defendant.

United States District Court, D. Delaware.

December 30, 1976.

Attorney(s) appearing for the Case

William K. Kerr, and Herbert F. Schwartz, of Fish & Neave, New York City, for plaintiff; Richard F. Corroon, of Potter, Anderson & Corroon, Wilmington, Del., of counsel.

Sidney Neuman, Michael O. Warnecke and Charles W. Grimes, of Neuman, Williams, Anderson & Olson, Chicago, Ill., for defendant; C. Waggaman Berl, Jr., Wilmington, Del., of counsel.

OPINION

MURRAY M. SCHWARTZ, District Judge:

Presently before the Court is a motion by the plaintiff, Polaroid Corporation ("Polaroid"), to dismiss one of three counterclaims filed by the defendant, Berkey Photo, Inc. ("Berkey"), for want of subject matter jurisdiction, see F.R.Civ.P. 12(b)(1),1 and failure to state a claim upon which relief can be granted, see F.R.Civ.P. 12(b)(6).2 The...

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