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FORTEL CORP. v. PHONE-MATE, INC.

No. 87-1196.

825 F.2d 1577 (1987)

FORTEL CORPORATION, Plaintiff-Appellant, v. PHONE-MATE, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 11, 1987.

Attorney(s) appearing for the Case

Keith D. Beecher (argued), of Jessup, Beecher & Slehofer, Santa Monica, Cal., for plaintiff-appellant.

Paul L. Gardner (argued), of Spensley Horn Jubas & Lubitz, of Los Angeles, Cal., for defendant-appellee. With him on the brief were Martin R. Horn and David M. Simon, of Spensley Horn Jubas & Lubitz, of Los Angeles, California.

Before MARKEY, Chief Judge, and BENNETT, Senior Circuit Judge, and SMITH, Circuit Judge.

MARKEY, Chief Judge.

Fortel Corporation (Fortel) appeals from a final judgment of the United States District Court for the Central District of California, No. 85-3380-LEW (C.D.Cal. Jan. 27, 1987), granting summary judgment to Phone-Mate, Inc. (Phone-Mate). We affirm.

Background

The facts are undisputed. Phone-Mate and Fortel are competitors in the field of telephone answering machines. On May 20...

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