MODREY v. AMERICAN GAGE & MACHINE COMPANY

No. 282, Docket 72-1534.

478 F.2d 470 (1973)

Henry J. MODREY, Plaintiff-Appellee, v. AMERICAN GAGE & MACHINE COMPANY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 1, 1973.


Attorney(s) appearing for the Case

Charles F. Pigott, Jr., Chicago, Ill. (Robert O. Mansell, Chicago, Ill., and Henry W. Lauterstein, New York City, of counsel), for defendant-appellant.

Charles Marks, New York City (Louis J. Wunder, New York City, of counsel), for plaintiff-appellee.

Before FRIENDLY, Chief Judge, OAKES, Circuit Judge, and DAVIS, Judge.


OAKES, Circuit Judge:

This appeal is from a summary judgment granted to a patent licensor against his licensee in a suit for the second payment allegedly due under the license agreement. That license agreement has now been terminated. Out of the usual maze of claims, counterclaims, and cross claims which patent litigation so frequently entails emerges one central question. The question is whether the district court was correct...

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