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MEASUREMENTS CORP. v. FERRIS INSTRUMENT CORP.

No. 9136.

159 F.2d 590 (1947)

MEASUREMENTS CORPORATION v. FERRIS INSTRUMENT CORPORATION.

Circuit Court of Appeals, Third Circuit.

Decided February 18, 1947.

Attorney(s) appearing for the Case

Samuel E. Darby, Jr., of New York City (Floyd H. Crews and Darby & Darby, all of New York City, and Joseph J. Corn, of Newark, N. J., on the brief), for appellant.

Kenneth S. Neal, of New York City (McCarter, English & Studer and James R. E. Ozias, all of Newark, N. J., on the brief), for appellee.

Before ALBERT LEE STEPHENS, GOODRICH and KALODNER, Circuit Judges.

KALODNER, Circuit Judge.

This is a patent controversy. Appellee, Measurements Corporation, instituted action for a declaratory judgment seeking a declaration of invalidity and non-infringement of Patent No. 2,265,637, known herein as the Ferris patent. Appellant, Ferris Instrument Corporation, assignee of the Ferris patent, presented in its answer three counterclaims requesting (1) specific performance of a contract between Measurements Corporation and itself wherein...

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