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McNAMARA v. POWELL MUFFLER CO.

No. 352.

38 F.Supp. 180 (1941)

McNAMARA v. POWELL MUFFLER CO., Inc., et al.

District Court, N. D. New York.

March 8, 1941.

Attorney(s) appearing for the Case

Ambrose J. McNamara, of Utica, N. Y., pro se.

M. William Bray, of Utica, N. Y., (Hoguet, Neary & Campbell, of New York City, and Clarence E. Williams, of Utica, N. Y., of counsel), for defendants.

BRYANT, District Judge.

The case is here on motion to strike certain portions of the answer and counterclaim. The action arises out of alleged patent infringment. Defendants, by answer, deny infringement and validity of the patent and, by "counter-claim", seek a declaratory judgment and injunctive relief. Succinctly speaking, plaintiff moves to strike from the answer and counterclaim all allegations that put in issue the...

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