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MARSHALL METAL PRODUCTS v. AGHNIDES

126 F.Supp. 849 (1953)

MARSHALL METAL PRODUCTS, Inc. and The Meyer's Company, Plaintiffs, v. Elie P. AGHNIDES, Defendant.

United States District Court, S. D. New York.

October 8, 1953.

Attorney(s) appearing for the Case

Dean, Fairbanks & Hirsch, New York City, for plaintiff.

Pennie, Edmonds, Morton, Barrows & Taylor, New York City, for defendant.

WEINFELD, District Judge.

It is clear that a patentee and a manufacturer charged with infringement are engaged in forum shopping. Joined with them is a retailer, the sole defendant in a prior action brought by the patentee in the Middle District of North Carolina, where the retailer is engaged in business. After the North Carolina action had been pending for three months, the manufacturer, joined by the North Carolina retailer as co-plaintiff, commenced this declaratory...

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