RADIO AUDION CO. et al. v. AMERICAN TELEPHONE & TELEGRAPH CO.

RADIO AUDION CO. et al. v. AMERICAN TELEPHONE & TELEGRAPH CO. (Circuit Court of Appeals, Third Circuit. December 15, 1922.) No. 2898. Appeal from the District Court of the United States for the District of Delaware ; Hugh M. Morris, Judge. Suit in equity by the American Telephone & Telegraph Company against the Radio Audion Company and another. Prom a decree denying a motion to dismiss the bill and granting a preliminary injunction (281 Fed. 200), defendants appeal. Affirmed. Ward, Gray & Neary, of Wilmington, Del., and Darby & Darby, of New York City (Samuel B. Darby, Jr., and Samuel E. Darby, both of New York City, of counsel), for appellant. Charles Neaye and William R. Ballard, both of New York City, and William G. Mahaffy, of Wilmington, Del., for appellee. Before BUFFINGTON and WOOLLEY, Circuit Judges, and BODINE, District Judge. [MAJORITY — PER CURIAM.] PER CURIAM. The underlying question involved in this case is the con- struction and effect given to a contract assigning a patent. We agree with the conclusion reached by the court below, and as an opinion by this court would be but an attempt to put in other words what has been already said, we limit ourselves to adopting the opinion of the court below, reported at 281 Fed. 200, both as to the construction of the agreement and as to its consequent conclusion that the defendant the De Forest Radio Telephone & Telegraph Company was guilty of contributory infringement. We therefore affirm its-decree.