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DYER v. SOUND STUDIOS OF NEW YORK, INC.

No. 6034.

85 F.2d 431 (1936)

DYER v. SOUND STUDIOS OF NEW YORK, Inc.

Circuit Court of Appeals, Third Circuit.

As Modified on Denial of Rehearing September 30, 1936.

Attorney(s) appearing for the Case

Samuel E. Darby, Jr., of New York City and E. Ennalls Berl, of Wilmington, Del., for appellant.

Stephen H. Philbin, F. T. Woodward, and J. C. R. Palmer, all of New York City, and William G. Mahaffy, of Wilmington, Del., for appellee.

Before BUFFINGTON and DAVIS, Circuit Judges, and WELSH, District Judge.

BUFFINGTON, Circuit Judge.

In the court below Frank L. Dyer, grantee of patents Nos. 1,570,297, 1,726,546, and 1,783,498, charged the Sound Studios of New York, Inc., with infringement of certain claims thereof. The case was defended by the Western Electric Company. After final hearing, the court dismissed the bill as to all three patents; whereupon plaintiff took this appeal.

The case concerns the making of long-time records on phonograph disks, the plaintiff...

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