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PRODUCTIVE INVENTIONS v. TRICO PRODUCTS CORP.

No. 276, Docket 23461.

224 F.2d 678 (1955)

PRODUCTIVE INVENTIONS, Inc., a corporation, Appellant, v. TRICO PRODUCTS CORPORATION, a corporation, Appellee.

United States Court of Appeals Second Circuit.

Decided July 20, 1955.

Attorney(s) appearing for the Case

Herbert A. Bergson and Daniel J. Freed, Washington, D. C. and David L. Landy, Buffalo, N. Y. (Bergson & Borkland, Washington, D. C. and Moot, Sprague, Marcy & Gulick, Buffalo, N. Y., on the brief), for appellant.

Raichle, Tucker & Moore, Buffalo, N. Y. (Frank G. Raichle and James O. Moore, Jr., Buffalo, N. Y., on the brief), for appellee.

Before CLARK, Chief Judge, CHASE, Circuit Judge, and RYAN, District Judge.

RYAN, District Judge.

Plaintiff appeals from an order granting defendant's motion for partial summary judgment and from the judgment entered thereon dismissing Count I of its complaint against defendant Trico Products Corporation (Trico) seeking treble damages for violation of Section 3 of the Clayton Act and Section 2 of the Sherman Act. The District Judge having made the required finding of finality under Fed.Rule 54(b), 28 U.S. C.A., the appeal is properly before...

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