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PIERCE v. ALLEN B. DU MONT LABORATORIES

Civ. A. No. 1624.

154 F.Supp. 368 (1957)

George Washington PIERCE, Plaintiff, v. ALLEN B. DU MONT LABORATORIES, Inc., Defendant.

United States District Court D. Delaware.

June 21, 1957.

Attorney(s) appearing for the Case

Thomas Cooch (of Connolly, Cooch & Bove), Wilmington, Del., for Helen Russell Pierce, executrix of the last will and testament of George Washington Pierce, Deceased. David Rines and Robert H. Rines (of Rines and Rines), Boston, Mass., of counsel.

Richard F. Corroon (of Berl, Potter & Anderson) Wilmington, Del., for defendant. Floyd H. Crews and Donald J. Overocker (of Darby & Darby), New York City, of counsel.

LAYTON, District Judge.

Motion for substitution of party plaintiff.

Granted.

Plaintiff-inventor died August 25, 1956. On March 21, 1957, suggestion of death was made and pursuant to Rule 25(a) F.R.Civ.P., 28 U.S.C., plaintiff's widow-executrix moved that she be substituted as a party plaintiff. Defendant opposes the motion as to five of the six patents involved, upon the three following grounds: (1) The action is for a tort, (2) to recover a penalty...

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