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OLYMPIC RADIO & TELEVISION v. HAZELTINE RESEARCH

Civ. 9966.

85 F.Supp. 579 (1949)

OLYMPIC RADIO & TELEVISION, Inc. v. HAZELTINE RESEARCH, Inc.

United States District Court E. D. New York.

July 19, 1949.

Attorney(s) appearing for the Case

Darby & Darby, New York City (Russell G. Pelton, New York City, of counsel), for plaintiff.

Watson, Bristol, Johnson & Leavenworth, New York City, attorneys appearing specially for the motion (David A. Woodcock New York City, of counsel), for defendant.

KENNEDY, District Judge.

The plaintiff in this action seeks a declaratory judgment of invalidity and non-infringement of asserted patent rights and of unenforceability of asserted contract rights. In addition, there are jurisdictional allegations that might be appropriate in a suit based upon diversity. But these I ignore, since it seems to me that under no circumstances could the suit be called one based solely on diversity of citizenship.

The defendant moves...

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