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VULCAN CORPORATION v. INTERNATIONAL SHOE MACHINE CORPORATION

Civil Action No. 4373.

68 F.Supp. 990 (1946)

VULCAN CORPORATION v. INTERNATIONAL SHOE MACHINE CORPORATION et al.

District Court, D. Massachusetts.

January 31, 1946.

Attorney(s) appearing for the Case

Murray, Sackhoff & Paddock and Walter F. Murray, all of Cincinnati, Ohio, and L. G. Miller and Emery, Booth, Townsend, Miller & Weidner, all of Boston, Mass., for plaintiff.

Charles J. Goldman, of Lynn, Mass., for defendant McNichol & Taylor, Inc.

Robert Cushman and Roberts, Cushman & Grover, all of Boston, Mass., for defendants International Shoe Corporation, Jacob S. Maborian, and N. H. Gallagher.

WYZANSKI, District Judge.

This case is before me on defendants' motion for summary judgment. The ground of the motion is that the construction and operation of defendants' shoe last, charged by the complaint to constitute an alleged infringement of Clausing Patent No. 2,065,655, have been agreed upon by the parties; that there is no genuine issue as to any material fact relating to the alleged infringement; and that defendants' shoe last is not an infringement of...

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