ALB, Inc. v. Noma Electric Corp.

WALSH, District Judge.

The court states the basis for its determination as follows:

Of course, I am not overruling the Court of Appeals here or Judge Ryan, and, further, I am not disregarding the force of their conclusion. Even if I were not bound to follow, I would be persuaded by the discussion in their opinions. But I do not think the question here is what I believe to be the fact. The question here is what the plaintiff has proven to be the fact, and what I am holding is that the decision in the Ray-lite case has not eliminated the burden on the plaintiff to prove that the defendant’s…