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SCHAEFER, INC. v. MOHAWK CABINET COMPANY

Civ. A. 6233.

165 F.Supp. 688 (1958)

SCHAEFER, INC., Plaintiff, v. MOHAWK CABINET COMPANY, Inc., Defendant.

United States District Court N. D. New York.

July 28, 1958.

Attorney(s) appearing for the Case

Kernan & Kernan, Utica, N. Y., Merchant & Merchant, Minneapolis, Minn. (Willis D. Morgan, James S. Kernan, Jr., Utica, John D. Gould, Ralph F. Merchant, Minneapolis, Minn., of counsel), for plaintiff.

Ferris, Hughes, Dorrance & Groben, Utica, N. Y., Cushman, Darby & Cushman, Washington, D. C. (James Gilroy, Utica, C. Willard Hayes, George T. Mobille, Washington, D. C., of counsel), for defendant.

BRENNAN, Chief Judge.

Patent validity, patent infringement unfair competition and unjust enrichment are the ultimate issues involved in this litigation.

Jurisdiction is based upon the appropriate provisions of the statute relative to patent law and declaratory relief. That jurisdiction exists in this court to determine the issues involved is not disputed.

The parties involved in this litigation are both manufacturers and distributors of refrigerating...

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