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  5. 194 F.Supp. 693 (1961)
 

GENERAL INDUSTRIES CO. v. BIRMINGHAM SOUND REPRODUCERS

No. 60-C-867.

194 F.Supp. 693 (1961)

GENERAL INDUSTRIES COMPANY, Elyria, Ohio, an Ohio Corporation, Plaintiff, v. BIRMINGHAM SOUND REPRODUCERS, LTD., Staffs, England, a British Corporation, Discus International Ltd., a Bermuda Corporation, B.S.R. Ltd., College Point, New York, a New York Corporation, Discus (U.S.A.) Inc., College Point, New York, a New York Corporation, The Discus Corporation, College Point, New York, a New York Corporation, Defendants.

United States District Court E. D. New York.

May 31, 1961.

Attorney(s) appearing for the Case

Darby & Darby, New York City, for plaintiff. Floyd H. Crews, New York City, J. Helen Slough, Cleveland, Ohio, of counsel.

Cooper, Dunham, Dearborn & Henninger, New York City, for defendants. John N. Cooper, Bernard B. Smith, New York City, of counsel.

BARTELS, District Judge.

Plaintiff moves, pursuant to Rule 33, Fed.Rules Civ.Proc., 28 U.S.C.A., for an order striking certain interrogatories served by the defendants.

This is an action for alleged infringement of certain patents dealing with plural speed phonograph turntable drive mechanisms. Defendants' answer denies the infringement and by way of affirmative defense asserts invalidity of the patents. However, they do not include as a defense misuse or...

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