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ARMSTRONG v. AVCO MANUFACTURING CORPORATION

Civ. A. 1587.

137 F.Supp. 680 (1955)

Edwin H. ARMSTRONG, Plaintiff, v. AVCO MANUFACTURING CORPORATION, Defendant.

United States District Court D. Delaware.

December 22, 1955.

Attorney(s) appearing for the Case

William Prickett, Wilmington, Del., Alfred McCormack (of Cravath, Swaine & Moore), New York City, Robert W. Byerly (of Byerly, Townsend & Watson), New York City, and Dana M. Raymond, New York City, for plaintiff.

David F. Anderson and John P. Sinclair (of Berl, Potter & Anderson), Wilmington, Del., Floyd H. Crews (of Darby & Darby), New York City, and Alden D. Redfield, Cincinnati, Ohio, for defendant.

RODNEY, District Judge.

This case to some extent is a companion case to Armstrong v. Allen B. Du Mont Laboratories in this Court, decided December 16, 1955. It concerns three of the six patents there involved and presents two questions, (1) The survivability of the action as considered in the Du Mont case on motion of the plaintiff, and (2) a motion for summary judgment on behalf of the defendant.

The action was instituted by Edwin H. Armstrong on January...

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