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PLASTIC CONTACT LENS CO. v. FRONTIER OF THE NORTHEAST

Nos. 436, 506, Dockets 35376, 35680.

441 F.2d 67 (1971)

The PLASTIC CONTACT LENS COMPANY, Plaintiff-Appellee, v. FRONTIER OF THE NORTHEAST, INC., Defendant-Appellant, Frontier Contact Lenses, Inc., Defendant-Appellant, Allan A. Isen, George F. Sitterle, and William Feinbloom, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided April 1, 1971.

Attorney(s) appearing for the Case

Marvin M. Karpatkin, New York City (Karpatkin, Ohrenstein & Karpatkin, New York City, Irwin Panter and Charles R. Sandler, Kavinoky, Cook, Hepp, Sandler and Gardner, Buffalo, N. Y., Panter, Nelson & Bernfield, Chicago, Ill., on the brief), for plaintiff-appellee.

Victor T. Fuzak, Buffalo, N. Y. (Hodgson, Russ, Andrews, Woods & Goodyear and Frederick A. Muller, Buffalo, N. Y., on the brief), for defendants-appellants Frontier of the Northeast, Inc., Frontier Contact Lenses, Inc., Allan A. Isen and George F. Sitterle.

Moses M. Falk, New York City, for defendant-appellant William Feinbloom.

Before LUMBARD, Chief Judge, KAUFMAN and ANDERSON, Circuit Judges.

LUMBARD, Chief Judge:

In this action, plaintiff, The Plastic Contact Lens Co. (Plastic), sought an accounting and the payment of royalties under a nonexclusive patent license agreement between it and defendant Frontier Contact Lenses Inc. (Frontier).1 After trial without a jury in the Western District of New York, Judge John T. Curtin, by order dated October 29, 1969, upheld Plastic's claim and directed and approved an accounting by a...

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