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BULLDOG ELECTRIC P. CO. v. COLE ELECTRIC PRODUCTS CO.

Civil Action No. 2726.

50 F.Supp. 833 (1943)

BULLDOG ELECTRIC PRODUCTS CO. v. COLE ELECTRIC PRODUCTS CO., Inc., et al.

District Court, E. D. New York.

July 26, 1943.

Attorney(s) appearing for the Case

Parker & Duryee, of New York City (Daniel G. Cullen, of Detroit, Mich., and Robert M. Benjamin, of New York City, of counsel), for plaintiff.

Levisohn, Niner & Levisohn, of New York City (Edwin Levisohn and Harry Cohen, both of New York City, of counsel), for defendant Cole Electric Products Co., Inc.

Victor S. Beam, Thomas J. Byrne, and Cooper, Kerr & Dunham, all of New York City, for defendant Westinghouse Electric & Mfg. Co.

GALSTON, District Judge.

Westinghouse Electric & Manufacturing Company, pursuant to the provisions of Rules 12(b) and (c), and 56(b) and (c) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, moves for summary judgment in respect to three of the nine patents alleged to be infringed.

Of these, Patent No. 2,041,675 was issued October 9, 1933 to the plaintiff as assignees of the inventors, William H. Frank and Joseph W. Hopp. As...

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