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COOPER v. WESTCHESTER COUNTY

42 F.Supp. 1 (1941)

COOPER v. WESTCHESTER COUNTY.

District Court, S. D. New York.

December 10, 1941.

Attorney(s) appearing for the Case

Pennie, Davis, Marvin & Edmonds, of New York City (Daniel V. Mahoney, of New York City, of counsel), for plaintiff.

Edwards, Bower & Pool, of New York City, and William A. Davidson, of Port Chester, N. Y., for defendant.

GALSTON, District Judge.

The plaintiff, pursuant to the provisions of Rule 12(d) of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c, moves for a preliminary hearing on the defenses presented by paragraphs 2 and 5 of defendant's answer.

The action is one for infringement of three patents of the plaintiff. Usually the only issues in such action are validity and infringement of the patents. However,...

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