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TRI-WALL CONTAINERS, INC. v. CONTINENTAL CAN CO.

No. 64 Civ. 217.

323 F.Supp. 700 (1971)

TRI-WALL CONTAINERS, INC., Plaintiff, v. CONTINENTAL CAN CO., Inc., Defendant.

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

February 4, 1971.

Attorney(s) appearing for the Case

Richard A. Huettner, New York City, for plaintiff; Charles B. Spencer, John P. Kirby, Jr., Kenyon & Kenyon, Reilly, Carr & Chapin, New York City, of counsel.

Brumbaugh, Graves, Donohue & Raymond, New York City, for defendant; Granville M. Brumbaugh, James N. Buckner, Thomas D. MacBlain, New York City, of counsel.

OPINION

COOPER, District Judge.

Plaintiff, Tri-Wall Containers, Inc. (hereinafter "Tri-Wall"), a New York Corporation, is engaged in the manufacture and distribution of corrugated paper board containers. Tri-Wall's prominent product, triple wall board, is described and produced in accordance with the teachings of United States Letters Patent No. 3,096,224.1 Tri-Wall2 alleges literal infringement of...

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