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CHERNOW v. COHN & ROSENBERGER

5 F.Supp. 869 (1934)

CHERNOW et al. v. COHN & ROSENBERGER, Inc. SAME v. STUPELL.

District Court, S. D. New York.

February 5, 1934.

Attorney(s) appearing for the Case

Dean, Fairbank, Hirsch & Foster and Morris Hirsch, all of New York City, for plaintiffs.

Pennie, Davis, Marvin & Edmonds, W. B. Morton and E. H. Merchant, all of New York City, for defendant.

HENRY W. GODDARD, District Judge.

In these two motions to dismiss counterclaims, the facts and the pleadings are alike, and the questions raised are identical so that both of them will be disposed of in this one memorandum.

The bills of complaint allege infringement by the defendant of letters patent No. 1,932,304. The precise act complained of is the selling by the defendant of certain devices generally referred...

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