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JOH. A. BENCKISER G. m. b. H., CHEM. F. v. HYGRADE FOOD PROD. CORP.

Civ. A. No. 1164-65.

253 F.Supp. 999 (1966)

JOH. A. BENCKISER G. m. b. H., CHEMISCHE FABRIK, Plaintiff, v. HYGRADE FOOD PRODUCTS CORPORATION, Defendant.

United States District Court D. New Jersey.

March 8, 1966.

Attorney(s) appearing for the Case

William J. Topken, Mahwah, N. J., by Eugene F. Buell, Pittsburgh, Pa., for plaintiff.

Crummy, Gibbons & O'Neill, by Mark F. Hughes, Jr., Newark, N. J., Kenyon & Kenyon, New York City, Theodore Kenyon, New York City, of counsel, Willkie, Farr, Gallagher, Walton & FitzGibbon, New York City, of counsel, for defendant.

COOLAHAN, District Judge:

I. Plaintiff brings this action for infringement of its patent on certain food preservatives. He has refused to produce some of the documents requested in defendant's Motion under Rule 34, 28 U.S. C., F.R.Civ.P. Plaintiff contends that since the documents are communications between himself and one Michael Striker which were made in reference to application for the patent while Mr. Striker was...

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