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EMERY v. J. G. McCRORY CO.

No. 5470.

4 F.Supp. 167 (1933)

EMERY v. J. G. McCRORY CO.

District Court, E. D. New York.

June 26, 1933.

Attorney(s) appearing for the Case

Randolph & O'Brien, of New York City, for plaintiff.

Daniel L. Morris and Hoguet & Neary, all of New York City (Daniel L. Morris, of New York City, of counsel), for defendant.

GALSTON, District Judge.

This is a motion to dismiss the bill of complaint on the ground that the patentee unreasonably neglected to enter a disclaimer to claims 6, 8, 11, and 13, which were held invalid by the United States Court of Appeals for the Sixth Circuit on June 28, 1930, in the action of F. W. Woolworth Co. v. Emery (S. S. Kresge v. Emery), 42 F.2d 398.

The motion is opposed on the ground that on or about November...

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