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KENYON v. AUTOMATIC INSTRUMENT CO.

No. 11197.

186 F.2d 752 (1951)

KENYON v. AUTOMATIC INSTRUMENT CO.

United States Court of Appeals Sixth Circuit.

February 9, 1951.

Attorney(s) appearing for the Case

Milton A. Johnson and Eugene C. Knoblock, South Bend, Ind. (Bidwell, Schmidt & Martin, Grand Rapids, Mich., of counsel), for appellant.

Clarence J. Loftus, Chicago, Ill., and Marshall M. Uhl, Grand Rapids, Mich. (William E. Lucas, Chicago, Ill., James H. McLaughlin, Grand Rapids, Mich., on the brief), for appellee.

Before HICKS, Chief Judge, and SIMONS and ALLEN, Circuit Judges.

ALLEN, Circuit Judge.

This appeal was instituted to a judgment of the District Court holding appellant, plaintiff below, not entitled to recover royalties claimed in the manufacture of phonographs under a contract executed December 7, 1925, between appellant's decedent, Bertram C. Kenyon, and the Automatic Musical Instrument Company, a Delaware corporation, predecessor of appellee.1 Pursuant to this contract a patent

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