E. R. SQUIBB & SONS v. CHEMICAL FOUNDATION

No. 76.

93 F.2d 475 (1937)

E. R. SQUIBB & SONS v. CHEMICAL FOUNDATION, Inc.

Circuit Court of Appeals, Second Circuit.

December 20, 1937.


Attorney(s) appearing for the Case

Seward Davis, of New York City (Joseph H. Choate, Jr., and Paul Kolisch, both of New York City, of counsel), for appellant.

Cravath, De Gersdorff, Swaine & Wood, of New York City (Wm. D. Whitney, Bruce Bromley, and Albert R. Connelly, all of New York City, of counsel), for appellee.

Before MANTON, L. HAND, and SWAN, Circuit Judges.


SWAN, Circuit Judge.

This is an action to recover royalties paid by the plaintiff under patent licenses after the patents had expired. It was brought in a state court and removed to the District Court on the ground of diverse citizenship. A jury being waived, trial was had to the court upon stipulated facts. From a judgment for the plaintiff, the defendant has appealed. The appeal raises primarily questions of construction of the agreements by which the defendant...

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