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SHERMAN v. AMERICAN TELEPHONE & TELEGRAPH CO.

No. 4-159.

38 F.Supp. 360 (1941)

SHERMAN v. AMERICAN TELEPHONE & TELEGRAPH CO.

District Court, S. D. New York.

April 16, 1941.

Attorney(s) appearing for the Case

Allen & Allen and Marston Allen, all of Cincinnati, Ohio, and Cooper, Kerr & Dunham, of New York City (Marston Allen, of Cincinnati, Ohio, Thomas J. Byrne, of New York City, and Jos. W. Hatfield, of Dayton, Ohio, of counsel), for plaintiffs.

J. W. Schmied, of New York City (Edgar W. Adams, J. W. Schmied, and Bateston F. Stoddard, all of New York City, of counsel), for defendant.

SYMES, District Judge.

This is an action under § 4915, Rev. Stats. of the United States, Tit. 35, § 63, U.S.C.A.

The complaint alleges the plaintiff Sherman, prior to May 28, 1932, was the true, original and first inventor of certain new and useful improvements in typewriting machines not known or used by others and not patented or described, etc. And being such first and sole inventor and thereby entitled to a patent thereof, he duly filed in the...

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