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Troy vs Samson, a Fed vs State IP Lawsuit: a MA Gun Acc. Mfr sues a NH Mfr. into Bankruptcy!

Via TheFireArmBlog.com: Samson Manufacturing files for bankruptcy

Orig. Source Article: Samson Manufacturing files for bankruptcy

By MEGHAN PIERCE
Union Leader Correspondent
March 27. 2013 8:56PM

KEENE - Gun accessories maker Samson Manufacturing Corp. says its Chapter 11 bankruptcy filing is designed to stave off a competitor and that the company is thriving.

Samson, which made the court filing on Monday, was threatened by a competitor that attempted to seize company property in the wake of a copyright dispute, Samson attorney Peter Tamposi said on Wednesday.

"They've been growing steadily, and they are very busy," Tamposi added. "One of their competitors got a judgment against them and were unwilling to negotiate."

Troy Industries Inc. of Massachusetts filed suit against Samson after both companies filed for a patent. Samson got there first and won in patent court.

Lawsuit Details: http://masscases.com/cases/app/76/76massappct575.html

TROY INDUSTRIES, INC. vs. SAMSON MANUFACTURING CORPORATION & another. [Note 1]

76 Mass. App. Ct. 575

May 1, 2009 - April 12, 2010

Court Below: Superior Court, Suffolk

Present: KANTROWITZ, MCHUGH, & MEADE, JJ.

Appeals Court, Appeal from order of single justice. Practice, Civil, Appeal, Enlargement of time, Reconsideration, Notice of appeal. Words, "Good cause," "Excusable neglect."

In a civil action, a single justice of this court did not err in applying the "good cause" standard under Mass.R.A.P. 14(b) in determining a party's motion to extend the time for taking an appeal, where that standard was no less exacting than the "excusable neglect" standard under Mass.R.A.P. 4(c) [581-582], nor did the judge abuse his discretion in concluding that the moving party met its burden of showing that excusable neglect underlay its failure to file a timely notice of appeal and that there was good cause for permitting an extension of eleven days [582-583]; moreover, the single justice did not err in allowing the party to proceed under Mass.R.A.P. 14(b) rather than rule 4(c), where the party did not appeal from the denial by a judge in the trial court of its motion under rule 4(c), and an identical standard applies under either rule [583].

A single notice of appeal filed by a party in a civil action, seeking review of so much of a judgment as modified an injunction, dismissed a complaint for contempt, and awarded fees and costs pursuant to G. L. c. 231, § 6F, was to be treated as solely claiming an appeal from the portions of the judgment modifying the injunction and dismissing the complaint for contempt, where the party failed to file a separate notice of appeal seeking review of the award of attorney's fees. [583-584]

** I did always like Troy's designs over Samson, particularly their 'slick rail' line, the Alpha Rail, but frankly after this, Troy won't be on my To-Buy-List anytime soon, for a long time to come. Wonder if this has to do with the fact that Troy's a bigger Corporatist Fed. Gvt supplier. They probably won't be leaving Taxachussetts any time soon in protest of their insane gun laws, like those in Colorado like Magpul & others are doing, anytime soon either.

Any company that remains in states hostile to natural right of self defense, while understandably is costly, in the long run, the market will punish them more severely for their betrayal, as the two of the oldest gun mfr. in America Colt and Smith & Wesson, when their deal with the Feds Devil bankrupted them.



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