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SCOVILL MANUFACTURING COMPANY v. DULBERG

Civ. A. 98-103.

138 F.Supp. 617 (1955)

SCOVILL MANUFACTURING COMPANY, Plaintiff, v. Murray DULBERG, Defendant.

United States District Court S. D. New York.

August 11, 1955.

Attorney(s) appearing for the Case

Emery, Whittemore, Sandoe & Dix, New York City, for plaintiff.

Murray Dulberg, New York City, pro se.

BONDY, Chief Judge.

This is a motion by the plaintiff to dismiss the defendant's second and third counterclaim for failure to state a claim upon which relief can be granted.

The second counterclaim does not present any justiciable controversy. An action brought merely to declare a patent void does not present any controversy between the defendant and the plaintiff. Zenith Radio Corp. v. Radio Corp. of America,...

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