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AUTOMATIC PAPER MACHINERY CO. v. MARCALUS MFG. CO.

Civ. No. 2826.

54 F.Supp. 105 (1944)

AUTOMATIC PAPER MACHINERY CO., Inc., v. MARCALUS MFG. CO., Inc., et al.

District Court, D. New Jersey.

January 12, 1944.

Attorney(s) appearing for the Case

Young, Shanley & Foehl, of Newark, N. J. (George E. Middleton, of New York City, of counsel), for plaintiff.

Wall, Haight, Carey & Hartpence, of Jersey City, N. J. (Samuel E. Darby, Jr., of New York City, of counsel), for defendants.

SMITH, District Judge.

This is a civil action under the patent laws to enjoin the infringement of a patent and to compel an accounting for profits. The plaintiff is admittedly the owner of the patent in suit under an assignment by the defendant Nicholas Marcalus. The only issue raised in the pleadings of the respective parties is that of infringement.

The action is before the court at this time on a motion for summary judgment filed by the plaintiff pursuant...

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