WINSOR v. DAUMIT

No. 9993.

179 F.2d 475 (1950)

WINSOR v. DAUMIT.

United States Court of Appeals, Seventh Circuit.

February 2, 1950.


Attorney(s) appearing for the Case

James R. McKnight, Robert C. Comstock, Chicago, Ill., for appellant.

Casper W. Ooms, George E. Frost, Chicago, Ill., for appellee.

Before MAJOR, Chief Judge, and LINDLEY and SWAIM, Circuit Judges.


LINDLEY, Circuit Judge.

Plaintiff instituted action to recover damages for breach of contract. Defendants filed two counterclaims. A motion to dismiss the second counterclaim, which sought a declaratory judgment of invalidity and noninfringement of a copyright owned by plaintiff, was sustained and the counterclaim dismissed. From that order defendants perfected their appeal. The merits of the original claim and those of the first counterclaim remain undetermined in...

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