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MAUL BROS., INC. v. EMHART CORPORATION

No. 16238.

356 F.2d 628 (1966)

MAUL BROS., INC., Petitioner-Appellant, v. EMHART CORPORATION, Defendant-Appellee. UNITED STATES of America, v. HARTFORD-EMPIRE COMPANY et al., No. 4426 in the United States District Court for the Northern District of Ohio, Western Division.

United States Court of Appeals Sixth Circuit.

February 17, 1966.

Attorney(s) appearing for the Case

Edward C. Gonda, Philadelphia, Pa., Roger H. Smith, Eastman, Stichter, Smith & Bergman, Toledo, Ohio, on brief, for appellant.

William A. Belt, Toledo, Ohio, John B. Spitzer, Marshall, Melhorn, Bloch & Belt, Toledo, Ohio, on brief; Jerrold G. Van Cise, H. Richard Schumacher, Cahill, Gordon, Reindel & Ohl, New York City, Roger B. McCormick, McCormick, Paulding & Huber, Hartford, Conn., for appellee.

Before WEICK, Chief Judge, PHILLIPS, Circuit Judge, and CECIL, Senior Circuit Judge.

PER CURIAM.

This is an appeal from an order of the District Court granting defendant's motion to dismiss the petition filed by appellant, Maul Brothers, Inc., for determination of a reasonable royalty for a license which Maul was desirous of acquiring, under two of Emhart Corporation's patents.

In 1939 an antitrust suit was filed against Emhart, then known as Hartford-Empire, charging violation of Sections 1 and 2 of the Sherman Act with respect to patents...

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