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AMERICAN TYPE FOUNDERS v. DEXTER FOLDER CO.

71 F.Supp. 712 (1946)

AMERICAN TYPE FOUNDERS, Inc., v. DEXTER FOLDER CO et al.

District Court, S. D. New York.

August 30, 1946.

Attorney(s) appearing for the Case

Gifford, Scull & Burgess, of New York City, (Newton A. Burgess, of New York City, and Robert C. Watson, of Washington D. C., of counsel), for plaintiff.

Bohleber, Fassett & Monstream, of New York City (Ira Milton Jones, of Milwaukee, Wis., and Arthur J. Hudson, of Cleveland, Ohio, of counsel), for defendants.

KENNEDY, District Judge.

This is an action under the Declaratory Judgments Act, Jud.Code, § 274d, 28 U.S.C. A. § 400. The plaintiff is a New Jersey Corporation which manufactures and sells a paper feeding machine as part of a press unit sold under the trade name and trade mark "Kelly Clipper."

There is a real controversy concerning the validity of three patents owned and controlled by the defendants, the plaintiff claiming that these patents are...

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