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DAVIS COMPANY v. BURNSVILLE HOSIERY MILLS

No. 250.

89 S.E.2d 410 (1955)

242 N.C. 718

The DAVIS COMPANY, a corporation, v. BURNSVILLE HOSIERY MILLS, Inc., a corporation.

Supreme Court of North Carolina.

October 12, 1955.

Attorney(s) appearing for the Case

Helms & Mulliss and John D. Hicks, Charlotte, for plaintiff, appellant.

G. D. Bailey and W. E. Anglin, Burnsville, for defendant, appellee.

JOHNSON, Justice.

This is a civil action to recover for royalties alleged to be due under patent license contracts. The case was heard below on motion to strike allegations of the defendant's answer and further defense.

The gist of the complaint is that the plaintiff is engaged in the business of owning and holding patents for the production of elastic top hosiery and in licensing hosiery manufacturers to use the patents for stipulated royalties; that the...

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