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DR. GROSS LABORATORIES v. McCOY'S LABORATORIES

No. 1055.

8 F.Supp. 391 (1934)

DR. GROSS LABORATORIES, Inc., v. McCOY'S LABORATORIES, Inc.

District Court, D. Delaware.

October 9, 1934.

Attorney(s) appearing for the Case

Hugh M. Morris and Alexander L. Nichols, both of Wilmington, Del., and Benton Baker (of Parkinson & Lane), of Chicago, Ill., for plaintiff.

Edmund S. Hellings, of Wilmington, Del., and Asher Blum (of Mock & Blum), of New York City, for defendant.

NIELDS, District Judge.

In this patent infringement suit of the Dr. Gross Laboratories, Inc., against McCoy's Laboratories, Inc., plaintiff moves to strike paragraph 28 from the answer. That paragraph reads: "XXVIII. Defendant further alleges that plaintiff comes into court with unclean hands, and that this suit should be dismissed, by reason of the fact that plaintiff has never had connected therewith any physician or doctor and that the name "Dr. Gross" which forms...

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