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ALLEN v. RADIO CORPORATION OF AMERICA

Civil Action No. 217.

47 F.Supp. 244 (1942)

ALLEN et al. v. RADIO CORPORATION OF AMERICA (RCA MFG. CO., Inc., Intervenor).

District Court, D. Delaware.

October 6, 1942.

Attorney(s) appearing for the Case

H. Stanley Lynch, of Morris, Steel, Nichols & Arsht, of Wilmington, Del., and Harold Olsen, of Chicago, Ill., for plaintiffs.

Herbert L. Cohen, of Wilmington, Del., and Stephen H. Philbin and John B. Cuningham, both of New York City, for defendants.

LEAHY, District Judge.

This is a suit for infringement of certain claims of two patents covering radio vacuum tubes.1 Plaintiffs filed motions to strike a defense from the answer and for further answers to interrogatories. Defendants then filed a motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, on the ground that the four patent claims in suit are invalid. The...

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