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TUPPER CORP. v. TILTON & COOK CO.

Civ. No. 52-1001.

113 F.Supp. 805 (1953)

TUPPER CORP. v. TILTON & COOK CO.

United States District Court D. Massachusetts.

July 1, 1953.

Attorney(s) appearing for the Case

Samuel Seder and Seder & Seder, Worcester, Mass. (Alexander Mencher, New York City, of counsel), for plaintiff.

Melvin R. Jenney, Richard R. Hildreth, Kenway, Jenney, Witter & Hildreth and David Greer, Boston, Mass., for defendant.

FORD, District Judge.

This is an action for patent infringement in which the defenses are invalidity of the patent and non-infringement. The patent in suit, Des. 144,528, is a design patent for a combined cigarette and match case, issued to Earl S. Tupper on April 23, 1946 and assigned by him to the plaintiff corporation.

The case disclosed in the patent is composed of two parts, a lower member into which can be placed a package of cigarettes and a book of...

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