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ROSEN v. GOLD SEAL RUBBER CO.

Civ. No. 8838.

88 F.Supp. 155 (1950)

ROSEN v. GOLD SEAL RUBBER CO.

United States District Court D. Massachusetts.

January 24, 1950.

Attorney(s) appearing for the Case

Edgar H. Kent, Boston, Mass., William R. Hulbert, Jr., Boston, Mass., for plaintiff.

George P. Dike, Boston, Mass., George P. Towle, Jr., Boston, Mass., Robert S. Sanborn, Boston, Mass., for defendant.

SWEENEY, Chief Judge.

In this action the plaintiff charges the defendant with infringement of United States Letters Patent Design No. 151,071, which covers an ornamental design for a child's boot or similar article. The answer denies the validity of the patent, denies infringement of it and, in a counterclaim, seeks a declaratory judgment holding the patent invalid and not infringed. There is before me now the defendant's motion for summary judgment.

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