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UNIVERSAL TIME PUNCH, INC. v. CONSOLIDATED DATAMETRICS CORP.

No. 66 Civ. 1137.

264 F.Supp. 924 (1967)

UNIVERSAL TIME PUNCH, INC., Plaintiff, v. CONSOLIDATED DATAMETRICS CORPORATION and SCM Corporation, Defendants.

United States District Court S. D. New York.

January 16, 1967.

Attorney(s) appearing for the Case

Tanner & Friedman, New York City, for plaintiff, Arthur S. Friedman, Michael J. Golden, New York City, of counsel.

Proskauer, Rose, Goetz & Mendelsohn, New York City, for defendant, Consolidated Datametrics Corp., Stephen Rackow Kaye, Neil G. Epstein, New York City, of counsel.

BONSAL, District Judge.

MEMORANDUM

In this diversity action, plaintiff Universal Time Punch, Inc. (Universal) moves pursuant to Rule 56 of the Federal Rules of Civil Procedure for summary judgment dismissing the second counterclaim of defendant Consolidated Datametrics Corp. (CDC) on the ground that there is no justiciable controversy with respect to the validity of Universal's patent.

Universal instituted this action against CDC and SCM Corporation...

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