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FEDERAL TEL. & R. CORP. v. ASSOCIATED TEL. & TEL. CO.

Civ. A. No. 872.

88 F.Supp. 375 (1949)

FEDERAL TELEPHONE & RADIO CORPORATION v. ASSOCIATED TELEPHONE & TELEGRAPH CO. et al.

United States District Court D. Delaware.

December 7, 1949.

Attorney(s) appearing for the Case

E. Ennalls Berl (Southerland, Berl & Potter), of Wilmington, Del., Edward D. Phinney and Paul Kolisch, of New York City, for plaintiff.

Robert H. Richards and Charles F. Richards (Richards, Layton & Finger), of Wilmington, Del., Casper W. Ooms, Harry B. Sutter, Thomas R. Mulroy and Charles M. Candy (Hopkins, Sutter, Halls, DeWolfe & Owen), of Chicago, Ill., for defendants.

RODNEY, District Judge.

Plaintiff instituted this action on May 2, 1946 seeking a declaration under the Federal Declaratory Judgments Act1 that certain patents owned or controlled by defendants as indicated in a trade-paper advertisement of defendants are invalid and are not infringed by plaintiff's apparatus, systems or assemblies, which apparatus, systems and assemblies are allegedly described...

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