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AMERICAN HOSP., ETC. v. ROY LAPIDUS, INC.

Civ. A. No. 77-981-C.

493 F.Supp. 1076 (1980)

AMERICAN HOSPITAL SUPPLY CORP., Cross-Claimant and Defendant in Counterclaim, v. ROY LAPIDUS, INC. and Roy Lapidus, Cross-Defendants and Plaintiffs in Counterclaim.

United States District Court, D. Massachusetts.

July 31, 1980.

Attorney(s) appearing for the Case

George L. Greenfield, Wolf, Greenfield & Sacks, Edward F. Perlman, Stephen H. Alpert, Boston, Mass., for cross-defendants and plaintiffs in counterclaim.

William F. Weld, Hill & Barlow, Boston, Mass., for American Hospital Supply Corp.

Joseph Zallen, Boston, Mass., Seth H. Langson, Robert P. Springer, Springer & Langson, P. C., Robert P. Ziemian, Boston, Mass., for Roy Lapidus, Inc. and Roy Lapidus.

MEMORANDUM

CAFFREY, Chief Judge.

This matter came before the Court on the motion of American Hospital Supply Corp. (American Hospital) to dismiss the counterclaim of Roy Lapidus and Roy Lapidus, Inc. Count I of the counterclaim is brought under section 2 of the Sherman Act, 15 U.S.C. § 2. Lapidus alleges that he sold his company, Roy Lapidus, Inc., and his patent (covering the "Lapidus Airfloat System" mattress) to American Hospital for approximately...

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