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ROCK-OLA MFG. CORP. v. CUSANO

Civ. 877.

106 F.Supp. 723 (1952)

ROCK-OLA MFG. CORP. v. CUSANO.

United States District Court D. New Jersey.

July 22, 1952.

Attorney(s) appearing for the Case

Harry B. Rook, Newark, N. J. (John H. Bruninga, St. Louis, Mo., James A. Davis, New York City, of counsel), for plaintiff.

DeFazio, Davidson & DeFazio, Samuel J. Davidson, Hoboken, N. J. (Luther W. Hawley, Philip S. McLean, New York City, of counsel), for defendant.

HARTSHORNE, District Judge.

The crux of this case is whether or not defendant Cusano's patent falls within the prior art.

The complaint of the plaintiff, Rock-Ola Manufacturing Corporation, asks for a declaratory judgment by this Court in a diversity suit, under 28 U.S.C.A. §§ 1332 (a) (1), 2201, 2202, as to the invalidity of defendant Cusano's patent, with injunction accordingly, and for damages for unfair competition by Cusano against Rock-Ola...

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