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

Civ. A. No. 5587.

149 F.Supp. 139 (1957)

VERMONT STRUCTURAL SLATE CO., Inc., Plaintiff, v. TATKO BROTHERS SLATE CO., Inc., Defendant.

United States District Court N. D. New York.

January 28, 1957.

Attorney(s) appearing for the Case

Whalen, McNamee, Creble & Nichols, Albany, N. Y., for plaintiff David S. Williams, Albany, N. Y., and John C. Blair, Stamford, Conn., of counsel.

James F. Sennett, Granville, N. Y., for defendant, Maxwell E. Sparrow. New York City, of counsel.

FOLEY, District Judge.

The plaintiff renews its motion for permanent injunction. By Memorandum-Decision and Order dated October 17, 1956, I denied such relief at that time without prejudice to renewal. My main reason as stated in the decision was because the original judgment by me invalidating the patent and affirmed by the Court of Appeals, Second Circuit (Vermont Structural Slate Co., Inc. v. Tatko Bros., 134 F.Supp. 4, affirmed...

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