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DIGITRONICS CORP. v. NEW YORK RACING ASS'N, INC.

Nos. 338, 339, Dockets 76-7063, 76-7085.

553 F.2d 740 (1977)

DIGITRONICS CORP., now Amperex Electronic Corp., Plaintiff-Appellant-Cross-Appellee, v. The NEW YORK RACING ASSOCIATION, INC., et al., Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided April 4, 1977.

Attorney(s) appearing for the Case

S. C. Yuter, New York City (Daniel M. Rosen, Wallace E. J. Collins and Yuter & Rosen, New York City, of counsel), for plaintiff-appellant-cross-appellee.

Robert E. Isner, New York City (Charles N. J. Ruggiero, Arthur A. March and Nims, Howes, Collison & Isner, New York City, of counsel), for defendants-appellees-cross-appellants.

Charles W. Sims, Dayton, Ohio, and Francis N. Carten, Stamford, Conn., on brief for Digital Systems Corp., amicus curiae.

Before MOORE, OAKES and TIMBERS, Circuit Judges.

OAKES, Circuit Judge:

This appeal involves a patent issued for a data processing system that, when used in place of the prior art in parimutuel wagering equipment, is said to produce speedier, more accurate and more versatile paraphernalia for the placing of wagers at race tracks by those interested in the ancient and honorable art of improvement of the breed. The United States District Court for the Eastern District of New York, John

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