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BERKELEY INDUSTRIES v. DAVILO REALTY CORP.

Civ. A. No. 17844.

173 F.Supp. 384 (1959)

BERKELEY INDUSTRIES, Plaintiff, v. DAVILO REALTY CORP., Defendant.

United States District Court E. D. New York.

May 26, 1959.

Attorney(s) appearing for the Case

William R. Liberman, New York City, for plaintiff.

Holland, Armstrong, Bower & Carlson, New York City, for defendant, by Alexander C. Wilkie, Jr., and oJseph J. Previto, New York City, of counsel.

BYERS, Chief Judge.

The plaintiff seeks a declaratory judgment of invalidity of defendant's patent No. 2,793,764 issued May 28, 1957 on application filed February 24, 1955.

The device is termed a folding rack, which serves to support garment hangers in cloak rooms, etc., and the plaintiff manufactures and sells a competing device, which infringes, if the patent is valid. As to this there is no issue.

The answer admits an existing controversy between...

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