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LONGWOOD MFG. v. WHEELABRATOR CLEAN WATER SYSTEMS

Civil No. 96-204-P-H.

937 F.Supp. 63 (1996)

LONGWOOD MANUFACTURING CORP., Plaintiff, v. WHEELABRATOR CLEAN WATER SYSTEMS, INC., Defendant.

United States District Court, D. Maine.

September 23, 1996.

Attorney(s) appearing for the Case

Charles A. Harvey, Harvey & Frank, Portland, ME, for Plaintiff.

Robert H. Stier, Kenneth W. Lehman, Bernstein, Shur, Sawyer & Nelson, Portland, ME, for Defendant.

ORDER ON DEFENDANT'S MOTION TO DISMISS

HORNBY, District Judge.

A 1944 Supreme Court decision and a 1957 First Circuit decision require me to deny this motion to dismiss, although there appears to be no good reason for any continued vitality to those holdings.

In a separate action, Wheelabrator Clean Water Systems, Inc. has sued Longwood Manufacturing Corp. for patent infringement. Among its affirmative defenses in that other action, Longwood has...

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