Preview:

UNITED STATES DISTRICT COURT DISTRICT OF MAINE

LONGWOOD MANUFACTURING ) CORP., ) ) PLAINTIFF ) ) v. ) ) WHEELABRATOR CLEAN ) WATER SYSTEMS, INC., ) ) DEFENDANT )

Civil No. 96-204-P-H

SECOND AMENDED ORDER ON DEFENDANT'S MOTION TO DISMISS1

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 claimed that Wheelabrator's patent is invalid because it was fraudulently procured. Now in this separate action Longwood has sued Wheelabrator under the federal antitrust laws, 15 U.S.C.

Download dbh_2-96cv204_longwood_v_wheela_doc03_jan.pdf

Maine Law