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DENYS FISHER (SPIRO.) LTD. v. LOUIS MARX & CO. OF. W. VA., INC.

Civ. A. No. 68-6-W.

306 F.Supp. 956 (1969)

DENYS FISHER (SPIROGRAPH) LIMITED, etc., et al., Plaintiffs, v. LOUIS MARX & CO. OF W. VA., INC., etc., Defendant.

United States District Court N. D. West Virginia.

December 4, 1969.

Attorney(s) appearing for the Case

Phillips & Holden, Wheeling, W. Va., for plaintiff.

Gompers & Buch, Wheeling, W. Va., for defendant.

MEMORANDUM

MAXWELL, Chief Judge.

Plaintiffs, Denys Fisher (Spirograph) Limited and Kenner Products Company have moved to strike the counterclaim for unfair competition filed by defendant Louis Marx & Co. of W. Va., Inc., under 28 U.S.C.A. § 1338(b) (1964).

On February 12, 1968, plaintiffs instituted this civil action charging defendant corporation with infringement of U. S. Letter Patent...

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