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WEINBERG v. ROGERS IMPORTS

90 F.Supp. 503 (1950)

WEINBERG et al. v. ROGERS IMPORTS, Inc.

United States District Court S. D. New York.

May 3, 1950.

Attorney(s) appearing for the Case

Mock & Blum, New York City (Asher Blum, New York City, of counsel), for plaintiffs.

Flocks & Simon, Washington, D. C., and Henry W. Pollock, New York City (Karl W. Flocks, Washington, D. C., of counsel), for defendant.

COXE, District Judge.

This is a motion by defendant under Federal Rules of Civil Procedure, rule 56 (c), 28 U.S.C.A., for summary judgment dismissing the complaint.

The complaint is in two counts: (1) For damages for infringement of the Kuhlke Patent No. 2,041,190, issued May 19, 1936, for a dispensing tobacco pouch, and (2) for damages for unfair competition. The answer is in substance a denial, with the usual allegations of invalidity of the patent. Plaintiffs...

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