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CLUETT, PEABODY & CO. v. SAYLES FINISHING PLANTS

No. 467.

52 F.Supp. 214 (1943)

CLUETT, PEABODY & CO., Inc., v. SAYLES FINISHING PLANTS, Inc., et al.

District Court, N. D. New York.

June 22, 1943.

Attorney(s) appearing for the Case

Pattison, Roberts & Sampson, of Troy, N. Y. (Stephen H. Philbin, of New York City, Robert Cushman, of Boston, Mass., and Clarence H. Porter, of Tipton, Iowa, of counsel), for plaintiff.

Miller, Hubbell & Evans, of Utica, N. Y. (J. L. Stackpole, of Boston, Mass., William H. Edwards, of Providence, R. I., Albert J. Monahan, of Utica, N. Y., and H. L. Kirkpatrick and Edgar H. Kent, both of Boston, Mass., of counsel), for defendants.

BRYANT, District Judge.

This is a suit for alleged breach of a license agreement for the use, by defendants, of a process employed in the pre-shrinking of cotton fabrics. The only question at issue is whether defendants' operations are within their contractual obligation to pay royalties.

The problem of shrinking, or minimizing the shrinking, of garments is old. From experience, we know the annoyance, disadvantage and expense caused by nonshrunk garments....

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