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LOEW'S DRIVE-IN THEATRES v. PARK-IN THEATRES

No. 4316.

174 F.2d 547 (1949)

LOEW'S DRIVE-IN THEATRES, Inc. v. PARK-IN THEATRES, Inc.

United States Court of Appeals First Circuit.

April 8, 1949.

Attorney(s) appearing for the Case

Hector M. Holmes, of Boston, Mass. (John L. Curran and Herbert B. Barlow, both of Providence, R. I., and Fish, Richardson & Neave, of Boston, Mass., on the brief), for appellant.

Leonard L. Kalish, of Philadelphia, Pa. (Melvin R. Jenney, of Boston, Mass., Thomas J. Flynn, of Providence, R. I., and Kenway, Jenney, Witter & Hildreth, of Boston, Mass., on the brief), for appellee.

Before MAGRUDER, Chief Judge, WOODBURY, Circuit Judge, and PETERS, District Judge.

WOODBURY, Circuit Judge.

The defendant in an action for unpaid royalties alleged to have fallen due under a licensing agreement prior to its admittedly legal termination by the plaintiff on June 1, 1938, and for damages for patent infringement thereafter, has taken this appeal from an interlocutory judgment entered for the plaintiff on the issue of liability.

The plaintiff-appellee, a New Jersey corporation, is the owner by assignment of United States patent...

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