CAHILL v. REGAN


4 A.D.2d 328 (1957)

James G. Cahill et al., as Executors of William H. Roberts, Deceased, Doing Business under the Name of Melvina Can Company, Appellants, v. John E. Regan, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 15, 1957.


Attorney(s) appearing for the Case

Charles B. McGroddy, Jr., for appellants.

Sidney Schreiberg and Samuel Abrahams for respondent.

NOLAN, P. J., BELDOCK and KLEINFELD, JJ., concur with UGHETTA, J.; WENZEL, J., dissents and votes to reverse and to grant judgment in favor of the appellants for the specific relief sought, with memorandum.


UGHETTA, J.

It will be convenient to refer to the appellants as the "employer" and to the respondent as the "employee." The action is by the employer for a judgment declaring it to be the owner of United States Patent No. 2,602,565 issued to the employee, to direct an assignment of said patent accordingly, and for "other further and different relief".

Few of the facts are seriously disputed. The patent...

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