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CHRISTEN INC. v. BNS INDUSTRIES, INC.

80 Civ. 6531 (WCC).

517 F.Supp. 521 (1981)

CHRISTEN INCORPORATED, Plaintiff, v. BNS INDUSTRIES, INC., Defendant.

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

June 30, 1981.

Attorney(s) appearing for the Case

Frederick H. Block, New York City, for plaintiff; Kalish & Gilster, St. Louis, Mo., of counsel.

Anderson, Russell, Kill & Olick, P. C., New York City, for defendant; Nicholas L. Coch, John E. Daniel, New York City, of counsel.

OPINION AND ORDER

CONNER, District Judge:

In this action for alleged infringement of three design patents on cooking utensils, defendant has counterclaimed (1) for a declaratory judgment of the invalidity, unenforceability and non-infringement of the three patents in suit; (2) for alleged conspiracy to restrain trade in the three types of cooking utensils covered by the respective patents, namely, spatulas, tongs and forks; (3) for allegedly having "attempted...

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