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Westinghouse Electric Manufacturing Company v. MacGregor, Appellant.

Judgments and decrees — Res judicata — Matters previously determined — Accounting — Action to recover royalties under patent license.

Where, in an action to recover royalties under a patent license, the Supreme Court had determined in a prior appeal that plaintiff's patent was valid and the contract enforceable, and had remanded the case for an accounting; and it appeared that defendant had voluntarily furnished a statement of account, the accuracy of which was admitted; it was Held that defendant's exceptions to matters ruled upon in the prior proceedings were properly dismissed.

Argued May 23, 1945.

PER CURIAM, June 29, 1945.

The judgment of the court below in favor of the plaintiff against the defendant in the sum of $15,485.96 is affirmed on the opinion of Judge SOFFEL, and in accordance with the opinion we heretofore filed in this case.

REPORTER'S NOTE: On November 5, 1945, a petition by defendant for a writ of certiorari was granted by the Supreme Court of the United States, 326 U.S. __________.

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WESTINGHOUSE CO. v. MacGREGOR
(Jun 29, 1945)