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ROTH v. MUSICRAFT RECORDS

45 F.Supp. 360 (1942)

ROTH et al. v. MUSICRAFT RECORDS, Inc.

District Court, S. D. New York.

April 2, 1942.

Attorney(s) appearing for the Case

Goodell, Hoffman & Spark, of New York City (Louis B. Applebaum and Eli M. Spark, both of New York City, of counsel), for plaintiffs.

Shlivek & Brin, of New York City (Max Shlivek, of New York City, of counsel), for defendant.

BRIGHT, District Judge.

Plaintiffs sue to enjoin infringement of patent 2,238,451, for a phonograph disc record holder. The issues are whether the patent was legally issued, and if so, whether it was infringed.

There is no question in my mind but that the defendant has infringed the plaintiffs' patent. It is conceded by it that it has sold the accused article in substantial quantities subsequent to the date of issue...

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