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ARMSTRONG v. EMERSON RADIO & PHONOGRAPH CORP.

132 F.Supp. 176 (1955)

Edwin H. ARMSTRONG, Plaintiff, v. EMERSON RADIO & PHONOGRAPH CORPORATION, Defendant. Edwin H. ARMSTRONG, Plaintiff, v. RADIO & TELEVISION, Inc., Defendant.

United States District Court S. D. New York.

June 6, 1955.

Attorney(s) appearing for the Case

Byerly, Townsend & Watson, New York City, Alfred McCormack (of Cravath, Swaine & Moore), New York City, of counsel for Esther Marion Armstrong, executrix.

Darby & Darby, New York City, Floyd H. Crews, New York City, of counsel, for defendant Emerson Radio & Phonograph Corp.

Alfred O. Englander, New York City, for defendant Radio & Television, Inc.

DAWSON, District Judge.

This is a motion to substitute the executrix of the plaintiff pursuant to Rule 25(a), Fed.Rules Civ.Proc. 28 U.S.C.1

The issue is whether an action for past patent infringement survives the death of the owner of the patent.

This action was commenced on December 21, 1953, seeking damages for past infringement of two expired patents and of one unexpired patent, and an injunction to restrain present...

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