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CLEARASITE HEADWEAR, INC. v. PARAMOUNT CAP MFG. CO.

204 F.Supp. 4 (1962)

CLEARASITE HEADWEAR, INC., Plaintiff, v. PARAMOUNT CAP MANUFACTURING CO., Inc., Defendant.

United States District Court S. D. New York.

April 9, 1962.

Attorney(s) appearing for the Case

Irving Seidman, New York City, for plaintiff.

Patterson, Eagle, Greenough & Day, New York City, Ralph W. Kalish, St. Louis, Mo., of counsel, for defendant.

EDELSTEIN, District Judge.

This is an action for alleged patent infringement. Defendant has moved, pursuant to Rule 12(b) (3), Federal Rules of Civil Procedure, 28 U.S.C., to dismiss the complaint on the ground that plaintiff has failed to comply with the venue requirements of 28 U.S.C. § 1400 (b).

Since plaintiff has chosen to submit no affidavit in opposition to the motion, defendant's affidavits in support thereof stand uncontradicted. Defendant is...

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