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FESSENDEN v. RADIO CORPORATION OF AMERICA

No. 1054.

10 F.Supp. 394 (1935)

FESSENDEN v. RADIO CORPORATION OF AMERICA.

District Court, D. Delaware.

March 27, 1935.

Attorney(s) appearing for the Case

Samuel E. Darby, Jr. (of Darby & Darby), of New York City, and E. Ennalls Berl (of Ward & Gray), of Wilmington, Del., for plaintiff.

William G. Mahaffy, of Wilmington, Del., and Abel E. Blackmar, Jr. (of Sheffield & Betts), of New York City, for defendant.

NIELDS, District Judge.

This is a motion to dismiss the bill of complaint on the ground that plaintiff is without capacity to sue in this jurisdiction. The bill charges defendant with infringement of two letters patent issued in 1927 to plaintiff's intestate. By paragraph 9 of the bill it appears that in 1932 plaintiff was appointed by an order of the Supreme Court of Bermuda the administratrix of the estate of the patentee and thereupon became possessed of the title...

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