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GENERAL TIME CORP. v. PADUA ALARM SYSTEMS

No. 217, Docket 22281.

199 F.2d 351 (1952)

GENERAL TIME CORP. v. PADUA ALARM SYSTEMS, Inc. et al.

United States Court of Appeals Second Circuit.

Decided September 17, 1952.

Attorney(s) appearing for the Case

Herbert P. Kenway, Kenway, Jenney, Witter and Hildreth, Boston, Mass., Turner & Turner, John H. Schneider, Troy, N. Y., Koenig & Pope, St. Louis, Mo., for defendant-appellee.

Andros & Smith, Albany, N. Y., Charles H. Andros, Harry A. Smith, Albany, N. Y., of counsel, for defendant-appellant.

Before CHASE, BIGGS, and CLARK, Circuit Judges.

PER CURIAM.

Though the court is divided in its views nonetheless there is sufficient agreement among its members to permit the disposition of the case without remand. Judge CHASE and Judge CLARK, though of different opinions as to the merits of the controversy, agree that the court has jurisdiction to decide the case on its merits and that the provisions of Rule 54(b), Fed.Rules Civ. Proc., 28 U.S.C., relating to judgment upon multiple claims are inapplicable. Judge...

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