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BENDIX AVIATION CORP. v. SMITHS AMERICA CORP.

No. 13339.

248 F.2d 621 (1957)

BENDIX AVIATION CORPORATION, Appellant, v. SMITHS AMERICA CORPORATION, S. Smith & Sons (England) Ltd., Henry Hughes & Sons, Ltd., Kelvin and Hughes, Ltd., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided September 19, 1957.

Attorney(s) appearing for the Case

Mr. Dean Acheson, Washington, D. C., with whom Messrs. Edwin McElwain, John W. Douglas, William B. Kerkam and Ralph H. Hudson, Washington, D. C., were on the brief, for appellant.

Mr. William D. Hall, Washington, D. C., with whom Messrs. Nelson Moore and Elliott I. Pollock, Washington, D. C., were on the brief, for appellees.

Before EDGERTON, Chief Judge, and PRETTYMAN and WASHINGTON, Circuit Judges.

WASHINGTON, Circuit Judge.

This is a suit for patent royalties, based on a 1936 cross-licensing contract under seal. The parties to the contract are S. Smith & Sons (England), Ltd., a British manufacturing concern, plus its subsidiary corporations (all referred to as Smiths), and Bendix Aviation Corporation (Bendix). Appellees Smiths and their American subsidiary, Smiths America Corporation, the assignee of Smiths' income rights under the contract, brought suit...

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