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METALLIZING ENGINEERING CO. v. B. SIMON, INC.

No. 1474.

67 F.Supp. 566 (1946)

METALLIZING ENGINEERING CO., Inc., v. B. SIMON, Inc., et al.

District Court, W. D. New York.

August 26, 1946.

Attorney(s) appearing for the Case

Burgess & Dinklago, of New York City (Bean, Brooks, Buckley & Bean, of Buffalo, N. Y., of counsel), for plaintiff.

John S. Powers, of Buffalo, N. Y., for defendants.

KNIGHT, District Judge.

The complaint in this action, commenced on June 22, 1943, alleges that plaintiff, a New Jersey corporation doing business in New York State, is the owner by assignment of Patent No. 2,320,327, relating "to new and useful improvements in the application of spray metal to metal surfaces"; that defendants have infringed and threaten to continue to infringe said patent; that defendants have derived unlawful gains and profits from such infringement...

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