REYNOLDS METALS CO. v. SKINNER

No. 10475.

166 F.2d 66 (1948)

REYNOLDS METALS CO. v. SKINNER et al.

Circuit Court of Appeals, Sixth Circuit.

February 12, 1948.


Attorney(s) appearing for the Case

John H. More, of Cincinnati, Ohio, and W. Lee Helms, of New York City (John H. Clippinger and John H. More, both of Cincinnati, Ohio, and W. Lee Helms, of New York City, on the brief; Taft, Stettinius & Hollister, of Cincinnati, Ohio, and Walter L. Rice, of Richmond, Va., of counsel), for appellant.

Leo Wolford, of Louisville, Ky., and Francis R. Harbison, of Pittsburgh, Pa. (Francis R. Harbison, of Pittsburgh, Pa., and Leo T. Wolford, of Louisville, Ky., on the brief; Bullitt & Middleton, of Louisville, Ky., of counsel), for appellees.

Before SIMONS, ALLEN and McALLISTER, Circuit Judges.


ALLEN, Circuit Judge.

This is an action to recover additional royalties on sales of extruded aluminum products claimed to be due under a patent assignment agreement.

Three main issues are presented:

(1) Whether the appellant underpaid royalties commencing in June, 1942.

(2) Whether the appellant improperly excluded from sales on which it paid royalties the sales of certain products manufactured by Extruded Metals, Inc., and certain products...

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