VANDERVEER v. ERIE MALLEABLE IRON COMPANY

No. 11951.

238 F.2d 510 (1956)

Jewell W. VANDERVEER, Appellant, v. ERIE MALLEABLE IRON COMPANY.

United States Court of Appeals Third Circuit.

Decided November 16, 1956.

Rehearing Denied December 19, 1956.


Attorney(s) appearing for the Case

Ralph Hammar, Erie, Pa., for appellant.

Julian Miller, Pittsburgh, Pa. (Brown, Critchlow, Flick & Peckham, Pittsburgh, Pa., Enoch C. Filer, Erie, Pa., for defendant-appellee on the brief).

Before MARIS, GOODRICH and McLAUGHLIN, Circuit Judges.


MARIS, Circuit Judge.

The question presented on this appeal is whether a state court decision in a suit for royalties under a patent license agreement that the licensee's device was not within the scope of the patent bars the litigation of the issue whether the same device infringes the same patent in a subsequent infringement suit between the same parties in the federal court.

The plaintiff, Jewell W. Vanderveer, and the defendant, Erie Malleable Iron Company...

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