VACUUM CONCRETE CORP. v. AMERICAN MACHINE & FDRY. CO.

No. 67 Civ. 314.

321 F.Supp. 771 (1971)

VACUUM CONCRETE CORPORATION OF AMERICA, Plaintiff, v. AMERICAN MACHINE & FOUNDRY CO., Defendant.

United States District Court, S. D. New York.

January 7, 1971.


Attorney(s) appearing for the Case

Patterson, Belknap & Webb, New York City, for plaintiff; Robert P. Patterson, Jr., and Robert D. Sack, New York City, of counsel.

Rogers, Hoge & Hills, New York City, for defendant; Sidney P. Howell, Jr., and Frederick A. Nicoll, New York City, of counsel.


MANSFIELD, District Judge.

In this action brought under our diversity jurisdiction, 28 U.S.C. § 1332, plaintiff Vacuum Concrete Corporation of America ("Vacuum") claims that defendant American Machine & Foundry Co. ("AMF") breached a contractual duty to make diligent and good faith efforts to exploit a device which Vacuum had licensed to AMF.1 Vacuum seeks compensatory damages for...

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