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DENSMORE v. NOYES BUICK CO.

No. 4005.

18 F.Supp. 978 (1937)

DENSMORE v. NOYES BUICK CO.

District Court, D. Massachusetts.

April 12, 1937.

Attorney(s) appearing for the Case

Arthur Berenson, Bernard Berenson, and Israel Gorovitz, all of Boston (Joseph B. Ely and Ely, Bradford, Thompson & Brown, all of Boston, of counsel), Henry C. Tuttle and Harold E. Cole, both of Boston, for plaintiff.

Drury W. Cooper, Drury W. Cooper, Jr., and Thomas J. Byrne, all of New York City (Weld A. Rollins, of Boston, of counsel), for defendant.

BREWSTER, District Judge.

This suit, alleging infringement of letters patent of the United States No. 1,459,578, is before the court on defendant's motion to dismiss under Equity Rule No. 29, 28 U.S.C.A. following section 723. The ground of the motion is that the bill of complaint, augmented by particulars filed by the plaintiff, shows no infringement.

The bill alleges that the plaintiff applied for and received the patent in suit on June 19, 1923. A copy...

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