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AUDIO-VISUAL MARKETING CORP. v. OMNI CORP.

Nos. 75-1553, 75-1554.

545 F.2d 715 (1976)

AUDIO-VISUAL MARKETING CORPORATION et al., Appellants and Cross-Appellees, v. OMNI CORPORATION et al., Appellees and Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided November 29, 1976.

Attorney(s) appearing for the Case

Timothy T. Tierney, Los Angeles, Cal. (de Krassel & Tierney and Robert E. Melton of Miller & Melton, Ltd., Albuquerque, N. M., on the brief), for appellants and cross-appellees.

George A. Dubois, Albuquerque, N. M. (Frank P. Dickson, Jr. of Dickson & Dubois, P. A., Albuquerque, N. M., on the brief), for appellees and cross-appellants.

Before LEWIS, Chief Judge, McWILLIAMS, Circuit Judge, and ZIRPOLI, District Judge.

McWILLIAMS, Circuit Judge.

This is a dispute between a manufacturer and its erstwhile sole and exclusive distributor. John P. Cline, an electrical engineer, invented a machine designed to drill children in arithmetic. Cline called the device a Multiputer, and he described its operation as follows:

It's a teaching device. One could liken it to flash cards. We are all familiar with flash cards that teachers use to drill students in arithmetic. The Multiputer...

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