GALION IRON WORKS & MFG. CO. v. J. D. ADAMS MFG. CO.

No. 7900.

128 F.2d 411 (1942)

GALION IRON WORKS & MFG. CO. v. J. D. ADAMS MFG. CO.

Circuit Court of Appeals, Seventh Circuit.

June 1, 1942.


Attorney(s) appearing for the Case

Harker H. Hittson, of Columbus, Ohio, for appellant.

Louis McClennen, James A. Ross, and Verne A. Trask, all of Indianapolis, Ind. (Ross, McCord, Ice & Miller and Schley & Trask, all of Indianapolis, Ind., of counsel), for appellee.

Before EVANS and SPARKS, Circuit Judges, and LINDLEY, District Judge.


LINDLEY, District Judge.

On February 5, 1936, plaintiff and defendant entered into an agreement under which plaintiff granted defendant a license to manufacture motor graders embodying one or more claims of Winsor patent 2,020,271. The present suit arose out of this contract and involves two separate claims; the first for royalties claimed to have become due after July 6, 1938, and the second for judgment upon an arbitrator's award made in an ex parte proceeding by...

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