DURA ELECTRIC LAMP CO. v. WESTINGHOUSE ELECTRIC CORP.

No. 12196.

249 F.2d 5 (1957)

DURA ELECTRIC LAMP COMPANY, Inc., Appellant, v. WESTINGHOUSE ELECTRIC CORPORATION, Tungsol Electric, Inc., Sylvania Electric Products, Inc., and Consolidated Electric Lamp Company.

United States Court of Appeals Third Circuit.

Decided November 8, 1957.


Attorney(s) appearing for the Case

Burton R. Thorman, Washington, D. C. (Maurice J. Zucker, Zucker & Goldberg, Newark, N. J., on the brief), for appellant.

Edward J. O'Mara, Jersey City, N. J. (Stryker, Tams & Horner, Newark, N. J., Pitney, Hardin & Ward, Newark, N. J., O'Mara, Schumann, Davis & Lynch, Jersey City, N. J., Leo S. Sullivan, Jersey City, N. J., on the brief), for appellees.

Before GOODRICH, STALEY and HASTIE, Circuit Judges.


GOODRICH, Circuit Judge.

This is an appeal from a judgment for the defendant rendered on motion for summary judgment in an antitrust case. The basis for the district court's ruling was that the plaintiff had given a valid and unconditional release to one of the parties to a joint tort and that this release discharged the obligation of all.

It appears that plaintiff in this case had, at the conclusion of a government action against important producers in the...

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