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WALLACE CLARK & CO., INC. v. ACHESON INDUSTRIES, INC.

No. 74 Civ. 2812.

422 F.Supp. 20 (1976)

WALLACE CLARK & COMPANY, INC., Plaintiff, v. ACHESON INDUSTRIES, INC., Defendant.

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

October 22, 1976.

Attorney(s) appearing for the Case

Hopgood, Calimafde, Kalil, Blaustein & Lieberman, New York City, for plaintiff; Paul H. Blaustein, New York City, of counsel.

Pennie & Edmonds, New York City, James G. Foley, New York City, of counsel, Harness, Dickey & Pierce, Birmingham, Mich., Michael R. Dinnin, Birmingham, Mich., of counsel, for defendant.

OPINION

EDWARD WEINFELD, District Judge.

The defendant, Acheson Industries, Inc. ("Acheson"), moves pursuant to Rule 56(b) of the Federal Rules of Civil Procedure that summary judgment be awarded in its favor for (1) past due royalty payments under a licensing agreement whereby plaintiff was licensed to manufacture and sell products under claims of defendant's patent, and (2) future minimum royalty payments due to March 21, 1978, the termination date of...

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