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INTERNATIONAL TEL. & T. CORP. v. GENERAL TEL. & E. CORP.

No. C-128-G-71.

369 F.Supp. 316 (1973)

INTERNATIONAL TELEPHONE AND TELEGRAPH CORPORATION, Plaintiff, v. GENERAL TELEPHONE & ELECTRONICS CORPORATION et al., Defendants.

United States District Court, M. D. North Carolina, Greensboro Division.

December 27, 1973.

Attorney(s) appearing for the Case

David M. Clark, Clark & Tanner, Greensboro, N. C., Maxwell M. Blecher, Blecher, Collins & Hoecker, Los Angeles, Cal., Edwin A. Kilburn, Robert E. McKee, New York City, for plaintiff.

James L. Newsom, Newsom, Graham, Strayhorn, Hedrick & Murray, Durham, N. C., Stanley D. Robinson, Kaye, Scholer, Fierman, Hays & Handler, George E. Shertzer, New York City, Ward W. Wueste, Jr., Durham, N. C., for defendants.

MEMORANDUM OPINION

HIRAM H. WARD, District Judge.

This matter comes before the Court on defendants' motion for summary judgment requesting dismissal of the complaint on the grounds that Count I is barred by the doctrine which prohibits the splitting of a cause of action.1 Defendants attached to their motion an affidavit by one of their counsel in which he states that the transaction complained of in Count I of the complaint was...

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