MUNTERS CORP. v. BURGESS INDUSTRIES INC.

No. 1073, Docket 76-7082.

535 F.2d 210 (1976)

MUNTERS CORPORATION, Plaintiff-Appellee, v. BURGESS INDUSTRIES INCORPORATED, Defendant-Appellee, and Buffalo Forge Company, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 2, 1976.


Attorney(s) appearing for the Case

Joseph Burns, New York City (Burns, Van Kirk, Greene & Kafer, Martin J. Neville, New York City, of counsel), and McGrath, Meyer, Lieberman & Lipp, Buffalo, N. Y., on the brief, for Buffalo Forge Co.

John C. Vassil, Morgan, Finnegan, Pine, Foley & Lee, New York City, and James A. Knox and George W. Fazakerly, Vial, Hamilton, Koch, Tubb, Knox & Stradley, Dallas, Tex., on the brief, for Burgess Industries, Inc.

Before SMITH, MANSFIELD and VAN GRAAFEILAND, Circuit Judges.


PER CURIAM:

Munters, licensee of patents1 on a filling material used in cooling equipment, granted an exclusive sub-license to Buffalo Forge, designer and manufacturer of evaporative coolers, for use of the fill in evaporative coolers of gas turbines of stated capacities. Burgess, manufacturer of complete cooling systems including evaporative coolers, a purchaser of the fill from Munters for other uses, sought to use the fill in applications...

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