Legal Opinion

Consolidated Water Power & Paper Co. v. Kimberly-Clark Corp.

District Court, E.D. Wisconsin

Decided September 24, 1947No. Civil Action No. 4373Published

1Opinion of the Court

DUFFY, District Judge.

This is a suit for infringement of two patents which have to do with the coating of paper for printing. Defendant is a Delaware corporation, and has a regular and established place of business within the Eastern District of Wisconsin.

Plaintiffs move to strike from the answer the following provisions:

In Paragraph 1: “Whether defendant is or is not duly authorized to do business in Wisconsin and has its principal offices at Neenah, Wisconsin, is not relevant to any issue herein, and defendant therefore neither admits nor denies said allegation and moves to strike the same.…

2Cases cited5 opinions

  1. Neirbo Co. v. Bethlehem Shipbuilding Corp.Supreme Court of the United States · 1939
  2. Stonite Products Co. v. Melvin Lloyd Co.Supreme Court of the United States · 1942
  3. Blaw-Knox Co. v. LederleCourt of Appeals for the Sixth Circuit · 1945
  4. American Blower Corp. v. B. F. Sturtevant Co.District Court, S.D. New York · 1945
  5. Saunders v. United StatesDistrict Court, D. New Hampshire · 1945

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