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PRESTOLE CORPORATION v. TINNERMAN PRODUCTS, INC.

No. 13636.

271 F.2d 146 (1959)

PRESTOLE CORPORATION, Appellant, v. TINNERMAN PRODUCTS, INC., Appellee.

United States Court of Appeals Sixth Circuit.

October 21, 1959.

Attorney(s) appearing for the Case

John A. Blair, of Harness, Dickey & Pierce, Detroit, Mich., Don K. Harness, of Harness, Dickey & Pierce, Detroit, Mich., John M. Curphey, of Williams, Eversman & Black, Toledo, Ohio, on brief, for appellant.

Albert R. Teare, of Bates, Teare & McBean, Cleveland, Ohio, Jerome F. Kramer, Bates, Teare & McBean, Cleveland, Ohio, Walter I. Krewson, Cleveland, Ohio, Donald A. Finkbeiner, Toledo, Ohio, on brief, for appellee.

Before MILLER, Circuit Judge, and THORNTON and O'SULLIVAN, District Judges.

O'SULLIVAN, District Judge.

This cause, designated by plaintiff-appellee as a suit for specific performance of a patent license agreement, was brought by Tinnerman Products, Inc., against defendant-appellant, Prestole Corporation, to obtain an accounting of royalties claimed to be due to plaintiff from defendant. A second cause of action charged infringement of the licensed patents following termination of the license agreement. Defendant claimed breach of the license...

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