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CONTOUR CHAIR-LOUNGE COMPANY v. LASKOWITZ

No. 47090.

330 S.W.2d 817 (1959)

CONTOUR CHAIR-LOUNGE COMPANY, Inc., a Corporation, Appellant, v. Joseph F. LASKOWITZ and Mercantile Trust Company and Louise Mulhern, Executors of the Estate of James Joseph Mulhern, Deceased, Respondents.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing or to Modify Opinion Denied January 11, 1960.

Attorney(s) appearing for the Case

Dubail, Judge & Kilker, Charles R. Judge, St. Louis, for appellant.

Suelthaus & Krueger, William Kohn, St. Louis, for respondent Laskowitz.

STORCKMAN, Judge.

This controversy involves the proper division between a patentee and his exclusive license of damages jointly recovered by them in a patent infringement action. The proceeds of the judgment in the amount of $12,972 was received by the exclusive licensee Contour Chair-Lounge Company, Inc., and the patentee Joseph F. Laskowitz made claim against the Company for the entire amount. He obtained judgment for $9,729 and the Company appealed claiming, inter...

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