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MARTIN v. MORSE BOULGER DESTRUCTOR COMPANY

No. 99, Docket 23061.

221 F.2d 218 (1955)

Warren S. MARTIN, Appellee, v. MORSE BOULGER DESTRUCTOR COMPANY, Appellant.

United States Court of Appeals, Second Circuit.

Decided March 14, 1955.

Attorney(s) appearing for the Case

Herman Englander, New York City (Englander & Englander, New York City, on the brief), for appellant.

Frederick W. Newton, New York City (Wait, Wilson, Newton & Campbell, New York City, on the brief), for appellee.

Before CLARK, Chief Judge, and FRANK and HINCKS, Circuit Judges.

CLARK, Chief Judge.

Defendant appeals from a judgment awarding plaintiff patent royalties pursuant to contract, and dismissing its counterclaim for a declaratory judgment of outright ownership of the patents involved, covering multiple hearth furnaces. The basic disagreement between the parties remaining on this appeal1 concerns defendant's obligation to pay additional royalties for the year 1950.

The legal rights of the parties...

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