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SCM CORPORATION v. RADIO CORPORATION OF AMERICA

No. 351, Docket 31967.

407 F.2d 166 (1969)

SCM CORPORATION, Plaintiff-Appellee, v. RADIO CORPORATION OF AMERICA, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided January 9, 1969.

Certiorari Denied June 9, 1969.

Attorney(s) appearing for the Case

John F. Sonnett, New York City (William K. Kerr, Lawrence J. McKay and David R. Hyde, New York City, of counsel), for appellant.

Frank F. Scheck, New York City (Pennie, Edmonds, Morton, Taylor & Adams, New York City, of counsel), for appellee.

Before MOORE and HAYS, Circuit Judges, and TIMBERS, District Judge.

Certiorari Denied June 9, 1969. See 89 S.Ct. 2014.

MOORE, Circuit Judge:

Radio Corporation of America (RCA), defendant, appeals from a judgment dismissing its second counterclaim against SCM Corporation (SCM), plaintiff. Upon motion on the pleadings to dismiss the second counterclaim and to strike the second affirmative defense, the counterclaim was dismissed and the defense was stricken. Judgment was entered pursuant to Rule 54(b), F. R. Civ. Proc. Some background...

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