Liberty Mutual Insurance v. Enjay Chemical Co.

OPINION

McNEILLY, Judge.

This is an action filed on November 5, 1971 by E. I. duPont deNemours & Company and its fidelity insurer, Liberty Mutual Insurance Company, (hereinafter collectively “duPont”), to recover certain monies allegedly owed by defendants, En-jay Chemical Company (now Exxon Corporation, but referred to herein as “En-jay”), and Johnson and Johnson. The basis of the action is the alleged non-payment of royalties under the terms of contracts whereby the plaintiff, duPont, granted unto Enjay and Johnson and Johnson the right to use certain duPont processes or procedures in…