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MANAGEMENT SYS. ASSOC. v. McDONNELL DOUGLAS CORP.

No. 83-2128.

762 F.2d 1161 (1985)

MANAGEMENT SYSTEMS ASSOCIATES, INC., Appellee, v. McDONNELL DOUGLAS CORPORATION, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 1, 1985.

Attorney(s) appearing for the Case

Michael E. Weddington, Raleigh, N.C. (Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, Raleigh, N.C., on brief), and John I. Alber, St. Louis, Mo. (Robert M. Lucy, Bryan, Cave, McPheeters & McRoberts, St. Louis, Mo., on brief), for appellant.

G. Wynn Smith, Jr., Memphis, Tenn. (Glen G. Reid, Jr., Wildman, Harrold, Allen, Dixon & McDonnell, Memphis, Tenn., J. Jerome Hartzell, Akins, Mann, Pike & Mercer, P.A., Raleigh, N.C., on brief), for appellee.

Before RUSSELL, HALL and CHAPMAN, Circuit Judges.

DONALD RUSSELL, Circuit Judge:

This action is one in the diversity jurisdiction for (1) the recovery of additional royalty payments allegedly due the plaintiff (hereafter MSA) by the defendant (hereafter McAUTO)1 under a contract between the parties, and for (2) a declaratory judgment construing specific anti-competitive language in that contract. In its response to the action, McAUTO asserted certain defenses including a number of counterclaims...

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