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LIBERTY MACHINE CO. v. T & M MACHINE & TOOL CORP.

No. 17024.

173 F.Supp. 663 (1959)

LIBERTY MACHINE COMPANY, Inc., Plaintiff, v. T & M MACHINE & TOOL CORPORATION, and Theodore Malewski, Defendants.

United States District Court E. D. New York.

June 1, 1959.

Attorney(s) appearing for the Case

Louis I. Rothenberg, Brooklyn, N. Y., for plaintiff, by John H. Lewis, Jr. and Robert F. Davis, Washington, D. C., of counsel.

John P. Chandler, New York City, for defendants.

BYERS, Chief Judge.

This plaintiff seeks an injunction against the defendants on the theory that the latter have contributorily infringed the former's patent No. 2,675,852 granted April 20, 1954 on application filed June 5, 1953.

In addition to denying the misconduct attributed to it, the defendants plead invalidity of the patent and seek an appropriate decree.

For reasons to be stated, it is the present view that this litigation is not the appropriate...

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