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MERSHON v. O'NEILL

No. 6616.

12 F.Supp. 282 (1935)

MERSHON et al. v. O'NEILL

District Court, E. D. New York.

October 9, 1935.

Attorney(s) appearing for the Case

Cooper, Kerr & Dunham, of New York City (C. Blake Townsend, of New York City, of counsel), for plaintiffs.

Frank C. Cole, of New York City (Ellwood Colahan and Thomas H. Finn, both of New York City, of counsel), for defendant.

BYERS, District Judge.

This is a motion by defendant in an action at law to recover damages for the alleged infringement of Letters Patent of the United States Nos. 1,141,402 and 1,784,674 owned by the plaintiffs, for an order pursuant to rule 103 of the Rules of Civil Practice of New York, to strike from the amended complaint paragraph 22 thereof; the paragraph is said to be redundant, irrelevant and prejudicial to the...

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