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FEDERAL TELEPHONE & RADIO CORP. v. ASSOCIATED T. & T. CO.

Civil Action No. 872.

71 F.Supp. 877 (1947)

FEDERAL TELEPHONE & RADIO CORPORATION v. ASSOCIATED TELEPHONE & TELEGRAPH CO. et al.

District Court, D. Delaware.

March 12, 1947.

Attorney(s) appearing for the Case

Samuel E. Darby, Jr. (Darby & Darby), Edward D. Phinney, and Paul Kolisch, all of New York City, and E. Ennalls Berl (Southerland, Berl & Potter), of Wilmington, Del., for plaintiff.

Harry W. Lindsey, Jr., and Glen E. Smith (Davis, Lindsey, Smith & Shonts), Harry B. Sutter and Thomas R. Mulroy (Hopkins, Sutter, Halls & DeWolfe), all of Chicago, Ill., and Robert H. Richards (Richards, Layton & Finger), of Wilmington, Del., for defendants.

RODNEY, District Judge.

This is an action seeking a declaratory judgment of invalidity of certain patents of the defendants and alleging non-infringement thereof by the plaintiff.

The defendants have filed a motion to dismiss the complaint upon the ground that no actual controversy existed at the time the complaint was filed. In support of this motion to dismiss, the defendants filed two affidavits and from the complaint, motion to dismiss, affidavits and...

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