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COLECO INDUSTRIES, INC. v. EMPIRE PLASTIC CORPORATION

No. 69 Civ. 4800.

321 F.Supp. 146 (1970)

COLECO INDUSTRIES, INC., Plaintiff, v. EMPIRE PLASTIC CORPORATION, Empire of Carolina, Inc. and Carolina Enterprises, Inc., Defendants (two cases). COLECO INDUSTRIES, INC., Plaintiff, v. KROTMAN-ANTELIS, INC., Defendant.

United States District Court, S. D. New York.

July 7, 1970.

Attorney(s) appearing for the Case

Peter L. Costas, Hartford, Conn., Forsythe, McGovern, Pearson & Nash, New York City, for plaintiff.

Kirschstein, Kirschstein, Ottinger & Frank, New York City, for defendants.

Memorandum Opinion and Order

MOTLEY, District Judge.

The present action is a consolidation of three lawsuits. In the first action, Coleco Industries, Inc. [hereinafter referred to as Coleco] brought a declaratory action against Empire Plastic Corp., Empire of Carolina, Inc. and Carolina Enterprises, Inc. [hereinafter referred to as Empire Companies] for infringing patent applications and for engaging in unfair competition. After Judge Bonsal dismissed...

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