AFFILIATED ENTERPRISES v. GANTZ

No. 1408.

86 F.2d 597 (1936)

AFFILIATED ENTERPRISES, Inc., v. GANTZ.

Circuit Court of Appeals, Tenth Circuit.

December 3, 1936.


Attorney(s) appearing for the Case

Emmett Thurman, of Denver, Colo., and Eldon J. Dick, of Tulsa, Okl., for appellant.

W. L. Coffey, of Tulsa, Okl. (Coffey & Coffey, of Tulsa, Okl., on the brief), for appellee.

Before LEWIS, McDERMOTT, and BRATTON, Circuit Judges.


LEWIS, Circuit Judge.

There is diverse citizenship. The bill, dismissed on demurrer, sets forth a so-called system or plan for giving away money prizes by lot or chance in theatres or other places of entertainment open to the public on payment of an admission fee. The plan or system was devised and formulated by plaintiff for the purpose of licensing its use to others, and it has given licenses to many for a money consideration to use it and has received large profits...

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