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WEMBLEY, INC. v. SUPERBA CRAVATS, INC.

Civ. No. 9269.

217 F.Supp. 78 (1962)

WEMBLEY, INC., Plaintiff, v. SUPERBA CRAVATS, INC., Defendant.

United States District Court W. D. New York.

February 1, 1962.

Attorney(s) appearing for the Case

Edward H. Cumpston, Rochester, N. Y., for Plaintiff. Samuel Scrivener, Jr., and John H. O. Clarke, Washington, D. C., of counsel.

B. Edward Shlesinger and Philip K. Fitzsimmons, Rochester, N. Y., for Defendant. Harris, Beach, Keating, Wilcox, Dale & Linowitz, Rochester, N. Y., of counsel.

BURKE, Chief Judge.

This is an action for a declaratory judgment. Plaintiff and defendant are manufacturers of neckties. United States Letters Patent to Helmut Hertz, No. 2,611,900 was issued September 30, 1952 on his application for a necktie of certain construction. The application was assigned by him to the defendant December 3, 1951. The plaintiff claims the patent is invalid for reasons set forth in the complaint. It seeks by this action a declaratory judgment...

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