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WALLACE CLARK & CO., INC. v. ACHESON INDUSTRIES, INC.

No. 74 Civ. 2812.

394 F.Supp. 393 (1975)

WALLACE CLARK & COMPANY, INC., Plaintiff, v. ACHESON INDUSTRIES, INC., Defendant.

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

April 28, 1975.

Attorney(s) appearing for the Case

Sandoe, Hopgood & Calimafde, New York City, for plaintiff; Paul H. Blaustein, New York City, of counsel.

Pennie & Edmonds, New York City, for defendant; James G. Foley, New York City, Harness, Dickey & Pierce, Michael Dinnin, Jr., Birmingham, Mich., of counsel.

OPINION

EDWARD WEINFELD, District Judge.

This is the second action instituted in this court by plaintiff, Wallace Clark & Company, Inc. ("Wallace Clark"), against the defendant, Acheson Industries, Inc. ("Acheson"), involving the validity and infringement of patent No. 2,976,257 issued to and owned by Acheson. The first action was instituted by plaintiff in December 1971 for a declaratory judgment of invalidity of defendant's patent and its non-infringement...

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