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BERCY INDUSTRIES, INC. v. MECHANICAL MIRROR WORKS, INC.

No. 67 Civ. 3420.

279 F.Supp. 428 (1968)

BERCY INDUSTRIES, INC., Plaintiff, v. MECHANICAL MIRROR WORKS, INC. and Artistic Factory Products, Inc., Defendants.

United States District Court S. D. New York.

January 16, 1968.

Attorney(s) appearing for the Case

Kenyon & Kenyon, New York City, for plaintiff (Charles R. Brainard and Thomas L. Creel, New York City, of counsel).

Victor Helfand and Mackler Brothers, New York City, for defendants (Seymour G. Mackler, New York City, of counsel).

OPINION

MacMAHON, District Judge.

Plaintiff moves to dismiss defendants' counterclaims for insufficiency in law. Fed.R.Civ.P. 12(b). The counterclaims allege that plaintiff, knowing its patent to be invalid and not infringed by defendants, "wantonly, wilfully and maliciously commenced its * * * action against defendants and sought a preliminary injunction and obtained a restraining order against them, with a view to prevent * * * [them] from producing and...

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