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BERKSHIRE INTERNATIONAL CORP. v. ALBA-WALDENSIAN, INC.

No. 72 Civ. 2234.

352 F.Supp. 831 (1972)

BERKSHIRE INTERNATIONAL CORPORATION, Plaintiff, v. ALBA-WALDENSIAN, INC. and Pilot Research Corporation, Defendants.

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

December 29, 1972.

Attorney(s) appearing for the Case

Pennie, Edmonds, Morton, Taylor & Adams, New York City, for plaintiff; Willis H. Taylor, Jr., Philip T. Shannon, New York City, of counsel.

Sullivan & Cromwell, New York City, Parrott, Bell, Seltzer, Park & Gibson, Charlotte, N. C., for defendants; William T. Stephens, New York City, Paul B. Bell, Charlotte, N. C., of counsel.

OPINION

EDWARD WEINFELD, District Judge.

On May 8, 1972, Pilot Research Corporation, the owner of three patents for seamless knit garments and methods, sent a telegram to Berkshire International Corporation stating that a panty hose garment manufactured by Berkshire was covered by one or more of the three patents and suggesting a conference to discuss the matter. Berkshire's response was the commencement of this action on May 23 for a declaratory judgment...

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