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TATKO BROS. SLATE CO. v. HANNON

No. 142, Docket 25244.

270 F.2d 571 (1959)

TATKO BROS. SLATE CO., Inc., Plaintiff-Appellee, v. Matthew HANNON, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided September 11, 1959.

Attorney(s) appearing for the Case

John C. Blair and Robert H. Ware, Stamford, Conn. (Blair, Spencer & Buckles, and Robert A. Cesari, Stamford, Conn., J. Malcolm Williams, Poultney, Vt., on the brief), for defendant-appellant.

J. Preston Swecker, Washington, D. C. (W. Brown Morton, Jr., and Maxwell E. Sparrow, New York City, William C. Sennett, Bennington, Vt., on the brief), for plaintiff-appellee.

Before CLARK, Chief Judge, MADDEN, Judge, United States Court of Claims, and HINCKS, Circuit Judge.

HINCKS, Circuit Judge.

The patent in suit, Tatko Patent No. 2,693,926, is now before us for the second time. Upon the first occasion, a suit for a declaratory judgment was brought in the District Court for the Northern District of New York by the Vermont Structural Slate Company against Tatko Brothers Slate Company, holder of the patent (hereinafter "Tatko"). That suit resulted in a summary judgment in the plaintiff's favor, Judge Foley holding that no genuine issue...

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