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F. C. RUSSELL CO. v. CONSUMERS INSULATION CO.

No. 36-53.

119 F.Supp. 119 (1954)

F. C. RUSSELL CO. v. CONSUMERS INSULATION CO.

United States District Court D. New Jersey.

February 18, 1954.

Attorney(s) appearing for the Case

Stryker, Tams & Horner, by William L. Dill, Jr., Newark, N. J., William C. McCoy, Cleveland, Ohio, of counsel, for plaintiff.

Benjamin Stadtmauer, Garfield, N. J., Maxwell James, New York City, of counsel, for defendant.

MEANEY, District Judge.

The parties to the instant suit have stipulated that the issue of misuse of the patent in suit be determined by the court on briefs submitted by the parties. The charge of "misuse" is set forth in paragraph numbered 12, but really 13, of the answer, and alleges that the plaintiff required "its dealers and distributors of windows purportedly made under said patent not to merchandise or offer for sale any merchandise which would be competitive...

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