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WEIL v. N. J. RICHMAN CO.

34 F.Supp. 401 (1940)

WEIL et al. v. N. J. RICHMAN CO., Inc.

District Court, S. D. New York.

May 28, 1940.

Attorney(s) appearing for the Case

Charles Sonnenreich, of New York City, for plaintiffs.

Howard P. King, of New York City, for defendant.

CONGER, District Judge.

This is an action for an injunction restraining the defendant from manufacturing and selling tablecloths, the design of which, it is alleged, infringes a design letters patent issued to one John S. Madson, and assigned to plaintiffs.

The defendant's notice of motion recites that it is moving herein pursuant to Rule 12(b), F.R.C.P., 28 U.S.C.A. following section 723c, on the ground that plaintiffs have failed to state a claim upon which...

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