Legal Opinion
New York Clothing Mfrs. Exchange, Inc. v. Shikler
District Court, E.D. New York
Decided November 27, 1950No. Civ. No. 10356PublishedCited by 2 opinions
1Opinion of the Court
BYERS, District Judge.
This is a plaintiffs’ motion for summary judgment under Fed.Rules Civ.Proc. rule 56, 28 U.S.C.A., which discloses an unusual situation in the procedural sense.
The complaint seeks a declaratory judgment of invalidity or non-infringement or both, of defendants’ Letters Patent No. 2,194,100 for trouser waistband and method of fastening same.
An existing controversy seems to be alleged in paragraphs 8 and 10, although it is not so designated, in that (par. 8) defendants are “publicly asserting * * * that said Letters Patent is infringed by waistband closures manufactured by…
2Cases cited2 opinions
- Sperry Products, Inc. v. Association of American RailroadsCourt of Appeals for the Second Circuit · 1942
- National Hairdressers' & Cosmetologists' Ass'n v. Philad Co.District Court, D. Delaware · 1943
3Cited by2 opinions
- David Neifeld v. Meyer Steinberg. David Neifeld v. Meyer SteinbergCourt of Appeals for the Third Circuit · 1971
- Shikler v. WeinsteinDistrict Court, S.D. New York · 1952