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MUSHER FOUNDATION, INC. v. ALBA TRADING CO.

42 F.Supp. 281 (1941)

MUSHER FOUNDATION, Inc., v. ALBA TRADING CO., Inc.

District Court, S. D. New York.

October 28, 1941.

Attorney(s) appearing for the Case

Harry Price, of New York City, for plaintiff.

Joffe & Joffe, of New York City (Joseph Joffe, Max Schoengold, and Max Apfelbaum, all of New York City, of counsel), for defendant.

HULBERT, District Judge.

Defendant moves: (1) To strike out certain allegations of the complaint contained in paragraphs 10 to 15 inclusive; (2) for a bill of particulars indicating what specific claims of each patent the plaintiff proposes to rely upon; and (3) for a ruling upon objections to interrogatories served by plaintiff under Rule 33, Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, before the joinder of issue, and without leave of court...

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