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SPOUND v. MOHASCO INDUSTRIES, INC.

Nos. 75-1385, 75-1386.

534 F.2d 404 (1976)

Albert M. SPOUND et al., Plaintiffs-Appellees, v. MOHASCO INDUSTRIES, INC., et al., Defendants-Appellants, Albert M. SPOUND et al., Plaintiffs-Appellants, v. MOHASCO INDUSTRIES, INC., et al., Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided April 16, 1976.

As Amended on Denial of Rehearing May 13, 1976.

Attorney(s) appearing for the Case

Daniel O. Mahoney and George L. Greenfield, Boston, Mass., with whom Reginald H. Howe, Palmer & Dodge, and Wolf, Greenfield & Sacks, Boston, Mass., were on brief, for Mohasco Industries, Inc., and others.

Jerome P. Facher, Boston, Mass., with whom Robert F. McLaughlin and Hale & Dorr, Boston, Mass., were on brief, for Albert M. Spound and others.

Before COFFIN, Chief Judge, ALDRICH and CAMPBELL, Circuit Judges.

ALDRICH, Senior Circuit Judge.

This action, initiated in 1970 as a petition for declaratory judgment, and subsequently enlarged, presents a two-pronged claim, for royalties under a 1961 license agreement and, after the agreement was purportedly cancelled by the licensor in 1972, for damages for subsequent infringement of two of the patents that had been licensed. A. M. Spound, although but one of three plaintiffs, will be referred to as plaintiff. He was, at all times...

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