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BIOPHONE CORPORATION v. WESTERN ELECTRIC CO.

No. 6339-6342.

91 F.2d 727 (1937)

BIOPHONE CORPORATION v. WESTERN ELECTRIC CO., Inc., et al.

Circuit Court of Appeals, Third Circuit.

August 10, 1937.

Attorney(s) appearing for the Case

Holland Duell and Philip T. Dalsimer, both of New York City, for appellant.

Henry R. Ashton, of New York City (Charles Neave, of New York City, of counsel), for appellees.

Before BUFFINGTON and BIGGS, Circuit Judges.

BUFFINGTON, Circuit Judge.

In these patent infringement cases, the court below, on January 30, 1935, on default of defendant, entered decrees adjudging the patents sued on valid and infringed by defendant, and on September 29, 1936, referred the cases to a master for an accounting. As stated by the court below: "Mr. Alfred Weiss, president and controlling owner of the defendant, learned of the denial of the defendant's motions to dismiss the bills of complaint and...

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