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CALI v. EASTERN AIR LINES, INC.

No. 68 C 293.

318 F.Supp. 474 (1970)

Anthony J. CALI, Plaintiff, v. EASTERN AIR LINES, INC., Defendant.

United States District Court, E. D. New York.

July 10, 1970.

Attorney(s) appearing for the Case

Paul H. Blaustein, New York City (Sandoe, Hopgood & Calimafde, New York City, of counsel) for plaintiff.

John Vaughan Groner, Donald E. Degling and Fish and Neave, New York City, for defendant, Eastern Air Lines, Inc.

MEMORANDUM and ORDER

DOOLING, District Judge.

Defendant moves for summary judgment, Rule 56, on the ground that the invention of the patent in suit (U. S. Patent No. 3,265,290, 1964, 1966 to Cali) was in public use in this country more than one year prior to the date of the application for patent in the United States, 35 U.S.C. §§ 102(b), 282(2). The application was filed September 1, 1964. No issue of validity is presented at this time.

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