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VERMONT STRUCTURAL SLATE CO. v. TATKO BROS. SLATE CO.

No. 313, Docket 23886.

233 F.2d 9 (1956)

VERMONT STRUCTURAL SLATE COMPANY, Inc., Plaintiff-Appellee, v. TATKO BROTHERS SLATE COMPANY, Inc., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided May 8, 1956.

Attorney(s) appearing for the Case

John C. Blair, Stamford, Conn., Clarence S. Lyon, Stamford, Conn., of counsel, for plaintiff-appellee.

W. Brown Morton, Jr., New York City, Maxwell E. Sparrow, New York City, James F. Sennett, Granville, N. Y., of counsel, for defendant-appellant.

Before FRANK, MEDINA and WATERMAN, Circuit Judges.

FRANK, Circuit Judge.

This is a suit for a declaratory judgment declaring defendant's patent invalid. The judge entered judgment for plaintiff, and defendant appeals. The facts are amply stated in the opinion of Judge Foley, reported in D.C., 134 F.Supp. 4. We agree with his conclusion.

Summary judgment represents a most useful legal invention to save time and expense, by the avoidance of a trial, when there exist no material...

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