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H. J. ASHE CO. v. BRIDGEPORT METAL GOODS MANUFACTURING CO.

No. 66 Civ. 3296.

273 F.Supp. 196 (1967)

The H. J. ASHE COMPANY, Inc., Plaintiff, v. The BRIDGEPORT METAL GOODS MANUFACTURING COMPANY, Defendant.

United States District Court S. D. New York.

May 23, 1967.

Attorney(s) appearing for the Case

Joseph Winston, New York City, for plaintiff.

Remsen, Millham, Bowdish & Spellman, New York City, for defendant, Armand Cifelli, of Wooster, Davis & Cifelli, Bridgeport, Conn., of counsel.

MEMORANDUM

FRANKEL, District Judge.

In this action plaintiff seeks a declaration that defendant's United States Patent No. 3,252,733 and United States Design Patent No. D 203,517, both of which relate to a molded plastic hand lantern, are invalid, or, if valid, not infringed by the hand lanterns distributed and sold by plaintiff. Defendant has counterclaimed for infringement and unfair competition, and now moves preliminarily to enjoin plaintiff from making...

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