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AMERICAN TYPE FOUNDERS v. LANSTON MONOTYPE MACH. CO.

No. 1563.

45 F.Supp. 531 (1942)

AMERICAN TYPE FOUNDERS, Inc., v. LANSTON MONOTYPE MACHINE CO.

District Court, E. D. Pennsylvania.

June 23, 1942.

Attorney(s) appearing for the Case

Martin M. Reed, of Warriner & Reed and Duane, Morris & Heckscher, all of Philadelphia, Pa., for plaintiff.

Larkin, Rathbone & Perry, Charles B. McGroddy, Jr., and Hancock Griffin, Jr., all of New York City, and Donahue, Irwin, Merritt & Gest and Crawford A. Battle, all of Philadelphia, Pa., for defendant.

BARD, District Judge.

This action arises upon petition for declaratory judgment and incidental relief in accordance with the Federal Declaratory Judgment Act.1 The prayer of the petition is that the court declare terminated a contract entered into between the parties on December 1, 1925, and grant incidental relief in the form of damages. From the evidence I make the following special

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