SIMMONS FASTENER CORPORATION v. ILLINOIS TOOL WORKS, INC.

No. 80-CV-468.

630 F.Supp. 1310 (1986)

SIMMONS FASTENER CORPORATION, Plaintiff, v. ILLINOIS TOOL WORKS, INC., Defendant.

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

April 7, 1986.


Attorney(s) appearing for the Case

Wyatt, Gerber, Shoup, Scobey & Badie, New York City, Kohn, Bookstein & Karp, Albany, N.Y., for plaintiff; Eliot S. Gerber, New York City, Richard Kohn, Albany, N.Y., of counsel.

Bouck, Holloway & Kiernan, Albany, N.Y., Cook, Wetzel & Egan, Chicago, Ill., for defendant; Francis Holloway, Michael Longstreet, Albany, N.Y., Granger Cook, Jr., John R. Crossan, Chicago, Ill., of counsel.


MEMORANDUM-DECISION AND ORDER

McCURN, District Judge.

Pending before the court in the above-captioned case is a motion by plaintiff Simmons Fastener Corporation which has been alternately labeled as one for declaratory judgment or for a declaratory judgment trial and a motion by defendant Illinois Tool Works, Inc. to hold the plaintiff in contempt of court.

The relevant facts are as follows: In June of 1980, the plaintiff filed a declaratory judgment...

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