Elmer E. Mills and Louis Susman, and v. The Electric Autolite Company Mergenthaler Linotype Company American Mfg. Co., Inc., And

FAIRCHILD, Circuit Judge.

This is an appeal from an interlocutory summary judgment, determining liability alone, under one of three counts of a complaint. The question of appropriate relief was reserved. The judgment was entered September 26, 1967, an opinion, 281 F.Supp. 826, and findings of fact and conclusions of law, having been filed the same day. Defendants obtained leave to appeal under 28 U.S.C. sec. 1292(b). Plaintiffs, with similar leave, cross appealed from an order entered September 28, 1967 deleting one of the conclusions of law.

The posture of the action. Plaintiffs attacked a…