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F. A. D. ANDREA, INC. v. RADIO CORPORATION OF AMERICA

No. 1129.

14 F.Supp. 226 (1936)

F. A. D. ANDREA, Inc., v. RADIO CORPORATION OF AMERICA.

District Court, D. Delaware.

March 24, 1936.

Attorney(s) appearing for the Case

William G. Mahaffy, of Wilmington, Del., and Thomas G. Haight, of Jersey City, N. J., for plaintiff.

Darby & Darby, of New York City, and E. Ennalls Berl, of Wilmington, Del., for defendant.

NIELDS, District Judge.

This is a motion to dismiss the bill of complaint for failing to state a ground of equitable relief. The bill is brought by F. A. D. Andrea, Inc., under section 16 of the Clayton Act (15 U.S.C.A. § 26), to compel Radio Corporation of America to grant a license to plaintiff under numerous patents.

As the legal sufficiency of the facts alleged is challenged, it is appropriate to consider the pleading. Plaintiff avers in its bill...

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