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LEMELSON v. IDEAL TOY CORPORATION

No. 409, Docket 32753.

408 F.2d 860 (1969)

Jerome H. LEMELSON, Plaintiff-Appellant, v. IDEAL TOY CORPORATION, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided March 28, 1969.

Attorney(s) appearing for the Case

Francis Thomas Daley, Stratford, Conn., for plaintiff-appellant (Arthur T. Fattibene, New York City, on the brief).

Morton Amster, of Amster & Rothstein, New York City, for defendant-appellee (Samuel L. Cohen, Hollis, N. Y., and James Reisman, New York City, on the brief).

Before LUMBARD, Chief Judge, SMITH, Circuit Judge, and McLEAN, District Judge.

J. JOSEPH SMITH, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Southern District of New York, Milton Pollack, Judge, dismissing an action for breach of contract to pay royalties on a toy called the Water Basketball Game.1 Judge Pollack concluded from the "unambiguous" terms of the license agreement that no royalty payments were due, and gave summary...

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