Boris v. Hamilton Manufacturing Co.

HASTINGS, Circuit Judge.

This was a diversity of citizenship action1 brought to recover royalties under a patent and for an injunction and other equitable relief. The separate defense of laches was severed from the issues of liability and damages and tried before the court with resulting findings and conclusions favorable to Hamilton Manufacturing Company, defendant-appellee. From a judgment dismissing the action on the issue of laches as to this defendant, this appeal was taken.2

The ultimate issue now before the court is whether or not the trial court erred in holding that plaintiffs are…