Robert F. Kennedy, Attorney General of the United States, as Successor to the Alien Property Custodian v. Engelhard Industries, Inc.

KALODNER, Circuit Judge.

This appeal, taken pursuant to authorization under 28 U.S.C. Section 1292(b), is from a summary judgment as to liability only entered against the defendant in the District Court for the District of New Jersey on Counts 1 and 2 of plaintiff’s Complaint. Jurisdiction was invoked under 28 U.S.C. Section 1345 and under the Trading with the Enemy Act, as amended, 50 U.S.C.A.Appendix, Section 17.

The issues presented are, first, whether the defendant is relieved from the payment of royalties on patents under the terms of a license previously granted to its predecessor by the…