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KEUFFEL & ESSER COMPANY v. MASBACK, INC.

126 F.Supp. 859 (1954)

KEUFFEL & ESSER COMPANY v. MASBACK, Inc., Evans & Co. (Inc.) Material Process Co., Private Brand Rule Co., and Sears, Roebuck and Co. KEUFFEL & ESSER COMPANY v. SEARS, ROEBUCK AND CO.

United States District Court S. D. New York.

November 17, 1954.

Attorney(s) appearing for the Case

Kenyon & Kenyon, New York City, for plaintiff. Ralph L. Chappell, George T. Bean, John A. Reilly, New York City, J. Russell Juten, Washington, D. C., of counsel.

Fish, Richardson & Neave, New York City, for defendants. John Vaughan Groner, Stuart A. White, New York City, of counsel.

CONGER, Justice.

These are actions for the infringement of patents.

No. 61-251 was filed in this Court on October 11, 1950, the complaint alleging that white painted metal measuring tapes made by Evans & Co., and sold by its customer, Masback, Inc., infringed patent No. 2,089,209 (hereafter designated as 209).

No. 78-77 was originally commenced in the District Court in Dalles, Texas on patent 209, two other patents not now involved in this suit...

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