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CASTRO DECORATORS, INC. v. BEBRY BEDDING CORPORATION

Civ. Nos. 15225, 15226.

181 F.Supp. 493 (1960)

CASTRO DECORATORS, INC., Plaintiff, v. BEBRY BEDDING CORPORATION, Defendant. CASTRO DECORATORS, INC., Plaintiff, v. R. H. MACY & CO., Inc., Defendant.

United States District Court E. D. New York.

January 18, 1960.

Attorney(s) appearing for the Case

Curtis, Morris & Safford, New York City, for plaintiff, Robert D. Spille, Arthur V. Smith, John A. Mitchell, New York City, of counsel.

Keith, Bolger, Isner & Byrne, New York City, for defendants, Thomas J. Byrne, Jr., Paul S. Bolger, New York City, of counsel.

BRUCHHAUSEN, Chief Judge.

The plaintiff instituted the above entitled actions, now consolidated, for infringement of a patent and breach of an oral supply agreement. The defendant, Bebry Bedding Corporation, is a manufacturer of beds and the defendant, R. H. Macy & Co., Inc., was a customer of Bebry and a retailer of the accused product.

The defendant Bebry counterclaims for infringement of its patent, breach of the supply agreement and for unfair competition...

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