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AMES SHOWER CURTAIN CO. v. HEINZ NATHANSON, INC.

No. 67 Civil 4884.

285 F.Supp. 640 (1968)

AMES SHOWER CURTAIN CO., Inc., Plaintiff, v. HEINZ NATHANSON, INC., Defendant.

United States District Court S. D. New York.

May 31, 1968.

Attorney(s) appearing for the Case

Blum, Moscovitz, Friedman, Blum & Kaplan, New York City, for plaintiff; James K. Silberman, Harold I. Kaplan, New York City, of counsel.

Charles Sonnenreich, New York City, for defendant.

OPINION

HERLANDS, District Judge:

Defendant moves for summary judgment, pursuant to Rule 56, Fed.R.Civ.P., as to the first cause of action of plaintiff's complaint on the ground of non-infringement of plaintiff's design patent, and for dismissal of the second and third causes of action on the ground of lack of jurisdiction. For the reasons hereinafter set forth, the motion is denied in all respects.

The complaint (filed December 13, 1967) states...

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