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MELE v. R. H. MACY & CO.

40 F.Supp. 54 (1941)

MELE v. R. H. MACY & CO., Inc., et al.

District Court, S. D. New York.

May 15, 1941.

Attorney(s) appearing for the Case

Harold E. Cole, of Boston, Mass. (J. Alfred Anderson, of New York, N. Y., resident counsel), for plaintiff.

Pennie, Davis, Marvin & Edmonds, of New York City (George E. Middleton, of New York City, of counsel), for defendants.

[40 F.Supp. 55]
INCH, District Judge.

This suit was originally started against the defendant, R. H. Macy & Company, Inc. When the case was called for trial no one appeared for the plaintiff and a default was taken. However, this default was, on due application, set aside, the defendant Cole of California, Inc., was duly allowed to intervene as an additional defendant and the trial was held.

Mele obtained his patent August 16...

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