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MASTINI v. AMERICAN TELEPHONE AND TELEGRAPH COMPANY

236 F.Supp. 310 (1964)

Domenico MASTINI, Plaintiff, v. AMERICAN TELEPHONE AND TELEGRAPH COMPANY and Western Electric Company, Defendants. Domenico MASTINI, Plaintiff, v. NEW YORK TELEPHONE COMPANY, Defendant.

United States District Court S. D. New York.

December 14, 1964.

Attorney(s) appearing for the Case

Michael I. Borsella, New York City, for plaintiff.

Henry R. Ashton, New York City, for defendant.

RYAN, Chief Judge.

This suit charges infringement (35 U.S.C. § 271 et seq.) of claims 1, 2 and 3 of U. S. Patent No. 2,129,332, issued on September 6, 1938 to Domenico Mastini for a combination radio-telephone system. Plaintiff alleges that several of the defendants' systems come within the above claims or, in the alternative, are the equivalent of his patent.

Defendants move under Rule 56, F.R. Civ.P. for summary judgment. We have before us on this motion...

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