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NYE RUBBER CO. v. V. R. P. RUBBER CO.

Civ. No. 25656.

81 F.Supp. 635 (1948)

NYE RUBBER CO. v. V. R. P. RUBBER CO. et al.

United States District Court N. D. Ohio. E. D.

November 10, 1948.

Attorney(s) appearing for the Case

Woodling & Krost, of Cleveland, Ohio, for plaintiff.

William Cleland, of Akron, Ohio, and Thomas J. Doran, of Cleveland, Ohio, for defendants.

JONES, Chief Judge.

This is an action for patent infringement. All parties are citizens of Ohio. Defendants filed an answer denying liability and a counterclaim, for an injunction and other relief, for unfair competition.

Plaintiff has filed a motion to dismiss the counterclaim on the following grounds:

1. This court is without jurisdiction since the parties are all citizens of Ohio and the cause of action arises out of the common law, not the laws...

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