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FEDERAL TELEPHONE & RADIO CORP. v. ASSOCIATED TEL. & T. CO.

Civ. No. 872.

99 F.Supp. 535 (1951)

FEDERAL TELEPHONE & RADIO CORP. v. ASSOCIATED TEL. & TEL. CO. et al.

United States District Court D. Delaware.

June 26, 1951.

Attorney(s) appearing for the Case

E. Ennalls Berl (of Southerland, Berl & Potter), Wilmington, Del., Paul Kolisch, Edward D. Phinney and J. Pierre Kolisch, New York City, J. Bernhard Thiess, Thorley von Holst and Sidney Neuman (of Thiess, Olson & Mecklenburger), Chicago, Ill., for plaintiff.

Charles F. Richards (of Richards, Layton & Finger), Wilmington, Del., William H. Davis and George E. Faithfull (of Davis, Hoxie & Faithfull), New York City, and Casper W. Ooms (of Dawson & Ooms), and Thomas R. Mulroy (of Hopkins, Sutter, Halls, DeWolfe & Owen), Chicago, Ill., for defendants.

RODNEY, District Judge.

The complaint in this action, seeking a declaratory judgment, was filed on May 2, 1946, charging that Automatic, by certain advertisements, had threatened prospective purchasers of Federal's automatic telephone phone equipment with patent infringement suits.1 The Court of Appeals for this Circuit has held that a justiciable controversy was thus presented.

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