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TIMELY PRODUCTS, INC. v. COSTANZO

Civ. No. B-76-357.

465 F.Supp. 91 (1979)

TIMELY PRODUCTS, INC., et al. v. Raphael J. COSTANZO.

United States District Court, D. Connecticut.

February 1, 1979.

Attorney(s) appearing for the Case

Frederick L. Comley, Dion W. Moore, Pullman, Comley, Bradley & Reeves, Bridgeport, Conn., Bradley B. Geist, Eban M. Graves, Brumbaugh, Graves, Donohue & Raymond, New York City, for plaintiffs.

Alfred J. Jennings, Jr., Zeldes, Needle & Cooper, Bridgeport, Conn., Barry Kramer, Kramer & Brufsky, Stamford, Conn., for defendant.

RULING ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

NEWMAN, District Judge.

In this declaratory judgment action, the plaintiffs, Hines and Timely Products, Inc., seek to invalidate the agreement by which the corporation contracted to pay defendant Costanzo royalties on sales of a product in return for an exclusive license to manufacture and sell the product. Although the contract, made before the product was patented, specified that royalties would be paid...

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