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HAYNES STELLITE CO. v. CHESTERFIELD

No. 7848.

97 F.2d 985 (1938)

HAYNES STELLITE CO. v. CHESTERFIELD et al.

Circuit Court of Appeals, Sixth Circuit.

June 29, 1938.

Attorney(s) appearing for the Case

Maxwell Barus, of New York City (Maxwell Barus and John B. Cuningham, both of New York City and Swan, Frye & Hardesty, of Detroit, Mich., on the brief), for appellant.

Fred Glover, Jr., of Detroit (Miller, Canfield, Paddock & Stone, of Detroit, Mich., on the brief), for appellees.

Before HICKS, ALLEN, and HAMILTON, Circuit Judges.

ALLEN, Circuit Judge.

The sole legal question presented is whether a claim for damages for patent infringement, the liability for which has been fixed by court decree, but not liquidated as to amount, falls within Title 11, § 103(a) (1), U.S.C., 11 U.S.C.A. § 103(a) (1), so as to be provable in bankruptcy.

The District Court held certain claims of a patent for alloys of cobalt, chromium and tungsten invalid, and certain claims valid but not infringed...

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