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BAKER v. FIRST NAT. STORES

No. 4593.

64 F.Supp. 979 (1946)

BAKER v. FIRST NAT. STORES, Inc.

District Court, D. Massachusetts.

March 21, 1946.

Attorney(s) appearing for the Case

Dike, Calver & Porter, George P. Dike, and George P. Towle, Jr., all of Boston, Mass., for plaintiff.

Peabody, Brown, Rowley & Storey and David R. Pokross, all of Boston, Mass., Butzel, Levin & Winston, Daniel G. Cullen, and Abraham J. Levin, all of Detroit, and William A. Ryan and Lyne, Woodworth & Evarts, all of Boston, Mass., for defendant.

SWEENEY, District Judge.

The plaintiff alleges that he is the owner of United States Letters Patent No. 1,984,780, dated December 18, 1934, for an Improvement in Dispensing Wax-Paper Packages. He alleges infringement by the defendant together with a demand for a final injunction and an accounting for profits and damages. Defendant now brings a motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c...

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