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MANNINGTON MILLS v. CONGOLEUM INDUSTRIES, INC.

No. 78-2431.

610 F.2d 1059 (1979)

MANNINGTON MILLS, INC., Appellant, v. CONGOLEUM INDUSTRIES, INC., Appellee.

United States Court of Appeals, Third Circuit.

Decided August 1, 1979.

Attorney(s) appearing for the Case

Frederick W. Rose, Newark, N. J., Michael M. Maney, Michael Winger (argued), Robert M. Hayes, New York City, Richard T. Laughlin, Kearny, N. J., for appellee; Young, Rose & Millspaugh, Newark, N. J., Sullivan & Cromwell, New York City, of counsel.

John N. Bain, Carella, Bain, Gilfillan & Rhodes, Newark, N. J., Norman Polovoy (argued), Joseph M. Fairbanks, Weinberg & Green, Baltimore, Md., for appellant.

Before ALDISERT, GIBBONS and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

Plaintiff Mannington Mills, Inc. (Mannington) appeals from a final judgment (1) dismissing, after a full trial to the court, its contractual and equitable claims to sales licenses under certain foreign patents held by defendant Congoleum Corporation (Congoleum), and (2) granting summary judgment on seven counts of its amended complaint sounding in antitrust. Only two counts of the antitrust claim are pressed on...

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