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HARRIS-INTERTYPE CORPORATION v. PHOTON, INC.

185 F.Supp. 525 (1960)

HARRIS-INTERTYPE CORPORATION, Plaintiff, v. PHOTON, INC., and Regency Thermographers, a partnership composed of Bernard Busch, Benjamin Cohen; William Franzblau and Dr. Robert Busch as Trustees; and Adolph Stamper and Herman Haken, as Trustees, Defendants.

United States District Court S. D. New York.

June 8, 1960.

Attorney(s) appearing for the Case

Curtis, Morris & Safford, New York City, Marechal, Biebel, French & Bugg, Dayton, Ohio, Lawrence B. Biebel, and Dailey L. Bugg, Dayton, Ohio, of counsel, for plaintiff.

Lundgren, Lincoln & McDaniel, New York City, Kenway, Jenney, Witter & Hildreth, Boston, Mass., Clarence S. Lyon, and Melvin R. Jenney, Boston, Mass., of counsel, for defendants.

HERLANDS, District Judge.

Three motions are before the court:

1. Motion by plaintiff for an order restraining defendant Photon, Inc. (hereinafter "Photon") from continuing a declaratory judgment action in the United States District Court for the District of Massachusetts (Civil Action No. 60-219-M), commenced on March 30, 1960 against Harris-Intertype Corporation, the plaintiff at bar herein (Motion No. 88-May 19, 1960);

2. Motion by defendant Regency...

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