UNITED STATES
v.
YOUNGSTOWN SHEET & TUBE CO. et al.
United States Court of Appeals Sixth Circuit.https://leagle.com/images/logo.png
December 6, 1948.
December 6, 1948.
Attorney(s) appearing for the Case
Roy C. Hackley, Jr., of Washington, D. C. (H. G. Morison and Roy C. Hackley, Jr., both of Washington, D. C., and Don C. Miller, of Cleveland, Ohio, on the brief), for appellant.
Howard F. Burns and Frank Harrison, both of Cleveland, Ohio, for appellees.
Howard F. Burns and Baker, Hostetler & Patterson, all of Cleveland, Ohio, William H. Webb and Stebbins, Blenko & Webb, all of Pittsburgh, Pa., Clarence B. Zewadski and Whittemore, Hulbert & Belknap, all of Detroit, Mich., and Franklin B. Powers and Manchester, Bennett, Powers & Ullman, all of Youngstown, Ohio, for Cold Metal Process Co., and Union Nat. Bank of Youngstown, Ohio, trustee of the Leon A. Beeghly Fund.
Leland K. Neeves and Scott, MacLeish & Falk, all of Chicago, Ill., and Andrew P. Martin, Frank Harrison and Squire, Sanders & Dempsey, all of Cleveland, Ohio for Signode Steel Strapping Co.
John B. Putnam and Andrews, Hadden & Putnam, all of Cleveland, Ohio, and Cravath, Swaine & Moore, of New York City, for Youngstown Sheet & Tube Co. and Bethlehem Steel Co.
Andrew P. Martin, Frank Harrison and Squire, Sanders & Dempsey, all of Cleveland, Ohio, and Breed, Abbott & Morgan, of New York City, for Armco Steel Corporation (name formerly American Rolling Mill Co.)
W. C. Plummer, of Pittsburgh, Pa., and T. F. Veach and Jones, Day, Cockley & Reavis, of Cleveland, Ohio, for Jones and Laughlin Steel Corporation.
W. A. McAfee, and McAfee, Grossman, Taplin, Hanning, Newcomer & Hazlett, all of Cleveland, Ohio, for Wheeling Steel Corporation.
Hershey, Donaldson, Williams & Stanley, of Baltimore, Md., for Crown Cork & Seal Co., Inc.
Harry W. Lindsey, Jr., and Davis, Lindsey, Hibben & Noyes, all of Chicago, Ill., for Inland Steel Co.
H. E. Hackney and Reed, Smith, Shaw & McClay, all of Pittsburgh, Pa., for Crucible Steel Co. of America.
Smith, Buchanan & Ingersoll, of Pittsburgh, Pa., for Allegheny Ludlum Steel Corporation and Wallingford Steel Co.
Before ALLEN, MARTIN and MILLER, Circuit Judges.
United States Court of Appeals Sixth Circuit.
MARTIN, Circuit Judge.
This appeal presents the direct question: Does the Royalty Adjustment Act of October 31, 1942, U.S.C.A., Title 35, §§ 89-96, apply to payments of money made in settlement of claims for damages for past infringement of patents? The district court held that sums aggregating $9,749,000 so paid and on deposit in the registry of the court are not "royalties" and are, therefore, not within the purview...
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