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AGRASHELL, INC. v. BERNARD SIROTTA COMPANY

Nos. 63 C 206, 65 C 661.

281 F.Supp. 704 (1968)

AGRASHELL, INC., Plaintiff, v. BERNARD SIROTTA COMPANY, Edwin M. Sirotta and Milton A. Sirotta, Defendants and Third-Party Plaintiffs, v. HAMMONS PRODUCTS COMPANY, Impleaded Third-Party Defendant, and Purex Corporation, Ltd., Impleaded Third-Party Defendant. AGRASHELL, INC., Plaintiff, v. BERNARD SIROTTA COMPANY, Edwin M. Sirotta and Milton A. Sirotta, Defendants and Third-Party Plaintiffs, v. HAMMONS PRODUCTS COMPANY, Impleaded Third-Party Defendant.

United States District Court E. D. New York.

March 6, 1968.

Attorney(s) appearing for the Case

Albert C. Johnston, New York City (Keith, Johnston & Isner, New York City, of counsel), for plaintiff.

Edward Halle, Garden City, N. Y., and David F. Cohen, New York City (Hirsh, Newman, Cohen & Brown, New York City, of counsel), for defendants and third-party plaintiffs Sirotta.

Lawrence C. Moore, Washingon, D. C. (Moore & Gunn, Washington, D. C., of counsel), for third-party defendant Hammons.

Thomas V. Heyman, New York City (Watson, Leavenworth, Kelton & Taggart, New York City, of counsel), for defendant Purex.

DOOLING, District Judge.

The several motions arise out of three suits involving the same patent (Re-issue No. 23,422, 1951, of No. 2,421,806, 1947) on a method and material for removing carbon from internal combustion engines through use of "pelletized" black walnut shells or other "pelletized" nut shells of like hardness.

One case, Agrashell, Inc. v. Hammons Products, 279 F.Supp. 522, W.D.Mo., S. D., has now been tried...

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