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SUPERIOR STEEL DOOR, ETC. v. BANNER METALS

No. 78 C 1615.

479 F.Supp. 704 (1979)

SUPERIOR STEEL DOOR & TRIM CO., INC., Plaintiff, v. BANNER METALS DIVISION OF INTERCOLE AUTOMATION, INC., Defendant.

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

September 28, 1979.

Attorney(s) appearing for the Case

Bauer & Amer, P. C., Mineola, N. Y., for plaintiff.

Kirschstein, Kirschstein, Ottinger & Cobrin, P. C., New York City, for defendant.

MEMORANDUM AND ORDER

PLATT, District Judge.

This is an action for declaratory judgment arising from a controversy between plaintiff, Superior Steel Door & Trim Company ("Superior"), and defendant, Banner Metals Division of Intercole Automation, Inc. ("Banner"), as to whether Banner is entitled to receive royalties resulting from the procurement by the Post Office of a "post-con" container from Superior. Defendant Banner has moved to dismiss the complaint...

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