similar release executed by the Save Electric Corp. in favor of Corning. He granted summary judgment in favor of General Electric. It is appropriate to quote portions of his opinion. He says, page 5:
'Referring to those four suits and it is agreed that the Jewel case is typical, we find that these are suits against Corning brought in the same capacity and for the same reason as the plaintiff in the instant case brings his suit; that is, they allege a monopoly and a restraint of trade, and they name specifically the General Electric Company, the defendant in the instant case as one of the co-conspirators and charge the entering into agreements between Corning and General Electric in restraint of trade and for the purpose of creating a monopoly. So that we find the instant suit based upon a monopoly claim and a restraint of trade claim, and we find the plaintiff basing his agreement with Corning back in 1945 on the four lawsuits that were brought in New York in which they bring cases for the same monopolistic reasons.
'The Court feels there can't be any division. You can't say, in considering an agreement and a release of this kind, that you are releasing a certain defendant only because of certain, specific acts of conspiracy that it engaged in with the defendant in this case. There was an overall general conspiracy, an overall general monopoly and restraint of trade that is charged in plaintiff's case here, and that was referred to in the agreement as being charged by the four New York plaintiffs against Corning. So that the Court believes that by incorporation of the New York suits the plaintiff placed himself in the same position that he is taking now; that is, he is putting himself in a position where he has associated himself there with the same charge he is making here, a monopoly and a restraint of trade.
'I don't know whether I make myself clear, but I am trying to reach this point. I am trying to go from the premise that there is a broad monopoly and a restraint of trade charged in the instant case in the same manner as there was in the four cases in New York which were incorporated in, relied upon, and referred to in the agreement that the plaintiff made with Corning in 1945.'
Judge Kloeb discusses the release, which is the same in his case as it is in the instant case:
'* * * There is no doubt but that the drafter of that release used his form book, but the significant thing is that he took the broadest form he could have access to and that was the form that evidently satisfied the plaintiff in this case when he ascribed to it. He had in mind giving a general release of all claims or suits that he may now or hereafter have against the licensees and sub-licensees of Corning, and against every one, jointly and severally, and its officers, agents, stockholders and employees, and so forth, 'of all and from all, and all manner of action and actions,' etc. It was a broad general release. It indicates the state of mind of the plaintiff when he entered into it. He was getting a substantial sum of money, some $ 62,000.00, and in return he was releasing Corning and all things connected with it and the alleged conspiracy or monopoly and restraint of trade which is set out in the complaints of the four concerns in their suits in New York. I don't know what could be plainer.
'I think this is a broader matter than the cases that counsel have referred to wherein they take the position, and properly so, that the release of one co-conspirator releases all, or the release of one joint tort feasor releases all. We don't have a simple release here in which the plaintiff is releasing Corning, period. It goes further than that. It is not the simple release of a joint tort feasor, but it goes on and releases all else, everybody else connected with the general monopoly and restraint of trade upon which the agreement and release are based. The Court cannot see how he can avoid that. It is here. The plaintiff entered into it. He obtained a valuable consideration for it. Quite apparently, from a close reading of the documents, he had in his mind when he accepted the consideration the settling of all claims growing out of any monopoly, any conspiracy to monopolize, or any restraint of trade that Corning was or had been connected with Geenral Electric and certain other named co-conspirators.'
Further, it appears as an undisputed fact from the Hughes affidavit that General Electric was a licensee of Corning and also a sub-licensee of Corning. Sylvania is in the same class as General Electric because of its written agreement with Corning Glass Works in 1926, extended to 1940 and thereafter by mutual agreement and practice.
In its opposition to defendant's motion, plaintiff has submitted an affidavit of Clyde W. Armstrong, Esq., a member of the bar of this court and in whose judgment this court has great respect. This affidavit has not been overlooked. It is noticed that in his affidavit Mr. Armstrong said that when counsel obtained a copy of Solar's release to Corning, upon examination thereof, counsel advised plaintiff that the release might affect plaintiff's right to 'glass product' damages, but that it did not affect plaintiff's claim for any damages suffered otherwise from defendant General Electric. His conclusion was that Corning was not found in the other cases mentioned to be a party to any of the illegal conduct with which Sylvania and General Electric are charged in plaintiff's amended complaint. In the Armstrong affidavit plaintiff's position is clearly stated. It is the crucial point in the case. My conclusion is, however, that Judge Kloeb corpectly decided a similar issue. This court concurs in his decision.
The conclusion is that the Solar release embraces all claims up to December 28, 1945, which are asserted in the present action. There is no genuine issue as to any material fact to be tried, and defendants' motion for summary judgment in accordance with Rule 56 will be granted forthwith on submission of an order.
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