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HECKING v. EAGLE PENCIL CO.

27 F.Supp. 815 (1939)

HECKING et al. v. EAGLE PENCIL CO., Inc.

District Court, S. D. New York.

April 19, 1939.

Attorney(s) appearing for the Case

Frederick P. Randolph, of New York City, for plaintiffs.

Dean, Fairbank & Hirsch, of New York City, for defendant.

CONGER, District Judge.

I am of the opinion that this motion should be denied.

True, the New Jersey action was commenced first; yet the chain of circumstances which led to the bringing of the New Jersey action was started by the attorney for the plaintiffs herein, when he wrote (March 10, 1938) to the defendant, Eagle Pencil Company, Inc., regarding an alleged infringement by that defendant of the alleged patent right of the plaintiffs.

The plaintiffs...

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