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AMERICAN OPTICAL CO. v. NEW JERSEY OPTICAL CO.

No. 1583.

58 F.Supp. 601 (1944)

AMERICAN OPTICAL CO. v. NEW JERSEY OPTICAL CO. et al.

District Court, D. Massachusetts.

December 15, 1944.

Attorney(s) appearing for the Case

Brooks Potter, John L. Hall, Frederick H. Nash, and Marcien Jenckes (all of Choate, Hall & Stewart), all of Boston, Mass., for plaintiff.

John M. Russell, Charles B. Rugg, and Edward B. Hanify, all of Boston, Mass., and Daniel V. Mahoney and Morris D. Jackson, both of New York City, for defendant.

SWEENEY, District Judge.

This is a motion for summary judgment dismissing the plaintiff's complaint. The original action was brought by the American Optical Company in the Municipal Court of the City of Boston to recover unpaid royalties under certain patent license and sublicense agreements. The defendant, after removal of the cause to this Court because of diversity of citizenship, interposed an answer denying liability for the royalties on the ground that the agreements...

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