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PATENT TUBE CORPORATION v. SUN TUBE CORPORATION

No. 5944.

28 F.Supp. 630 (1939)

PATENT TUBE CORPORATION v. SUN TUBE CORPORATION.

District Court, D. New Jersey.

August 14, 1939.

Attorney(s) appearing for the Case

Allan L. Tumarkin, of Newark, N. J. (Armand E. Lackenbach and Joseph Hirschman, both of New York City, of counsel) for plaintiff.

McCarter & English and V. C. Enteman, all of Newark, N. J. (Merrell E. Clark and William J. Barnes, both of New York City, of counsel), for defendant.

FORMAN, District Judge.

This is a suit for infringement of Patent No. 2,073,941 issued March 16, 1937 upon an application of November 7, 1935, covering an alleged invention of Stanley Lowen which was assigned to the plaintiff, Patent Tube Corporation.

The patent applies to an hermetically sealed collapsible metal tube of extremely thin metal gauge. Its general appearance may best be understood by contrasting it with the ordinary tooth paste container. The...

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