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BABCOCK & WILCOX CO. v. COMBUSTION ENGINEERING, INC.

Civ. No. 12788.

314 F.Supp. 235 (1968)

The BABCOCK & WILCOX COMPANY, Assignee of the Interference Parties Rothemund and Koch v. COMBUSTION ENGINEERING, INC., Assignee of the Interference Parties Powell, Schroedter, Clayton and Knust.

United States District Court, D. Connecticut.

October 28, 1968.

Attorney(s) appearing for the Case

Roland T. Bryan, Robertson, Bryan, Parmelee & Johnson, Stamford, Conn., for plaintiff.

Hugh Meade Alcorn, Jr., Ralph G. Elliot, Alcorn, Bakewell & Smith, Hartford, Conn., Eldon H. Luther, Edward L. Kochey, Jr., Windsor, Conn., Arthur S. Tenser, Brumbaugh, Graves, Donahue & Raymond, New York City, for defendant.

MEMORANDUM OF DECISION

ZAMPANO, District Judge.

In this ancillary proceeding to a patent interference contest presently being conducted before the United States Patent Office, the movant, Combustion Engineering, Inc. (hereinafter C.E.), moves to vacate six subpoenas served upon its employees and opposes a motion to produce certain documents under Rule 34 of the Federal Rules of Civil Procedure.

An interference proceeding has been succinctly described...

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