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SIMMONDS AEROCESSORIES v. ELASTIC STOP NUT CORP.

Civ. A. No. 259-57.

158 F.Supp. 277 (1958)

SIMMONDS AEROCESSORIES, Limited, Plaintiff, v. ELASTIC STOP NUT CORPORATION OF AMERICA, Defendant.

United States District Court D. New Jersey.

January 10, 1958.

Attorney(s) appearing for the Case

Weisman & Freedman, Newark, N. J., by Sanford Freedman, Newark, N. J., for plaintiff.

Riker, Emery & Danzig, Newark, N. J., by Theodore McCurdy Marsh, Newark, N. J., Hamilton Hicks, New York City, Curtis F. Prangley, Chicago, Ill., and Arthur Prangley, Union, N. J., for defendant.

WORTENDYKE, District Judge.

Upon my decision in this case reported in 154 F.Supp. 615, and with leave granted in order of October 23, 1957, entered thereon, plaintiff filed an "Amendment to Complaint," which has evoked defendant's motions to strike the amendment and to dismiss the (remaining) second count of the complaint. These motions have been briefed and argued.

The first count of the original complaint (for a declaratory...

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