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MEIGS, BASSETT & SLAUGHTER v. E. I. DU PONT DE NEMOURS & CO.

51 F.Supp. 794 (1943)

MEIGS, BASSETT & SLAUGHTER, Inc., v. E. I. DU PONT DE NEMOURS & CO.

District Court, S. D. New York.

June 11, 1943.

Attorney(s) appearing for the Case

Pennie, Davis, Marvin & Edmonds, of New York City (W. Brown Morton, W. Peters Blanc, and Wm. M. Kilcullen, all of New York City, of counsel), for plaintiff.

Darby & Darby, of New York City (Arthur G. Connolly, of Wilmington, Del., and Samuel E. Darby, Jr., of New York City, of counsel), for defendant.

COXE, District Judge.

I think this case can be determined solely on the fact issue. The most that the plaintiff claims is that the supplemental contract of September 30, 1932, gave the plaintiff protection against the commercial use by the defendant of any part of the plaintiff's process. This contract was terminated on November 28, 1934, and it is not disputed that all payments according to the terms of the contract were made to the plaintiff up to that time.

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