NACHMAN SPRING-FILLED CORPORATION v. KAY MFG. CO.

No. 59.

139 F.2d 781 (1943)

NACHMAN SPRING-FILLED CORPORATION v. KAY MFG. CO.

Circuit Court of Appeals, Second Circuit.

November 18, 1943.


Attorney(s) appearing for the Case

Edmund Quincy Moses, of New York City, and R. W. Lotz, of Chicago, Ill., for plaintiff-appellee.

John J. Sweedler, of New York City (Harry Jacobson, of New York City, of counsel), for defendant-appellant.

Before L. HAND, SWAN, and FRANK, Circuit Judges.


FRANK, Circuit Judge.

Defendant, in its brief on appeal, argues that, if the patent is invalid, the agreement is void as in restraint of trade, and that therefore we must inquire into the validity of the patent. This contention was not made in the court below; but we do not reject it on that account, since Muncie Gear Co. v. Outboard Co., 315 U.S. 759, 766, 768, 62 S.Ct. 865, 870, 86 L.Ed. 1171, seems to us to hold that regard for ...

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