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  5. 33 F.Supp. 61 (1940)
 

CALIFORNIA STUCCO PRODUCTS v. NATIONAL GYPSUM CO.

No. 5.

33 F.Supp. 61 (1940)

CALIFORNIA STUCCO PRODUCTS OF N. E., Inc., v. NATIONAL GYPSUM CO.

District Court, D. Massachusetts.

May 15, 1940.

Attorney(s) appearing for the Case

Frank I. Rose, of Boston, Mass., for plaintiff.

Malcolm K. Buckley and Bean, Brooks, Buckley & Bean, all of Buffalo, N. Y., and Leonard Wheeler, Jr., and Goodwin, Proctor & Hoar, all of Boston, Mass., for defendant.

FORD, District Judge.

The present proceeding involves a motion to dismiss filed by the defendant to the plaintiff's complaint for patent infringement. The grounds relied upon by the defendant are presented in its motion as follows:

1. That the defendant, National Gypsum Company, has its regular and established place of business in the City of Buffalo, State of New York.

2. That the defendant has no "regular and established place of business" within...

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