George Hantscho Co. v. Miehle-Goss-Dexter, Inc.

PALMIERI, District Judge.

This is a motion by defendant for a separate trial, Fed.R.Civ.P. 42(b), of its affirmative defense that the agreement upon which plaintiff bases its cause of action, at least as interpreted by plaintiff, is illegal under the antitrust laws, and for a stay of all other proceedings pending such trial.1 Questions of *333discovery and inspection, Fed.R.Civ.P. 34, are also presented for resolution.

Under date of April 12, 1960, the parties entered into a contract denominated “License Agreement.” The agreement recited that defendant was engaged in the design, manufacture, and…