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HARDINGE COMPANY, INC. v. JONES & LAUGHLIN STEEL CORP.

Civ. A. No. 15624.

164 F.Supp. 75 (1958)

HARDINGE COMPANY, INCORPORATED, Plaintiff, v. JONES & LAUGHLIN STEEL CORPORATION, Defendant.

United States District Court W. D. Pennsylvania.

July 7, 1958.

Attorney(s) appearing for the Case

Julian Miller, of Brown, Critchlow, Flick & Peckham, Pittsburgh, Pa., John Gibson Semmes, Benjamin Dulany, Washington, D. C., for plaintiff.

Gordon R. Harris, Pittsburgh, Pa., Davidson C. Miller, Stevens, Davis, Miller & Mosher, Richard K. Stevens, Washington, D. C., for defendant.

MARSH, District Judge.

This is an action for patent infringement. Plaintiff alleges that the defendant has infringed plaintiff's rights granted under letters patent numbered 2,235,928 and 2,381,351. Jurisdiction is based on 28 U.S.C.A. § 1338.

The matter here under consideration is defendant's motion for summary judgment under Rule 56(b), Fed.R.Civ.P., 28 U.S.C.A. By this motion the defendant raises for the first time—not having done so previously...

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