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SMITH-CORONA MARCHANT, INC. v. AMERICAN PHOTOCOPY EQUIP. CO.

217 F.Supp. 39 (1963)

SMITH-CORONA MARCHANT, INC., Plaintiff, v. AMERICAN PHOTOCOPY EQUIPMENT COMPANY, Defendant.

United States District Court S. D. New York.

March 14, 1963.

Attorney(s) appearing for the Case

Sullivan & Cromwell, New York City, for plaintiff. Marvin Schwartz and Bartlett A. Jackson, New York City, of counsel.

Curtis, Morris & Safford, New York City, for defendant. William C. Conner, New York City, of counsel.

PALMIERI, District Judge.

The defendant moves for summary judgment dismissing Count II of the complaint in which it is charged with having violated Section 7 of the Clayton Act1 through the acquisition of the assets of a patent holding company, including the "Eisbein" patent relating to photocopy machines using the method known as the diffusion-transfer-reversal process (diffusion process). The defendant's acquisition followed a decision...

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