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BEN-WAT CORPORATION v. DAVID LUPTON'S SONS CO.

No. 3459.

13 F.2d 390 (1926)

BEN-WAT CORPORATION v. DAVID LUPTON'S SONS CO.

Circuit Court of Appeals, Third Circuit.

May 26, 1926.

Attorney(s) appearing for the Case

Lawrence Bristol and W. Heyward Myers, Jr., both of New York City, for plaintiff in error.

William W. Porter (of Porter, Foulkrod & McCullagh), of Philadelphia, Pa., for defendant in error.

Before BUFFINGTON and WOOLLEY, Circuit Judges, and GIBSON, District Judge.

BUFFINGTON, Circuit Judge.

In the court below, the Ben-Wat Corporation, a corporate citizen of New Jersey, brought suit against the David Lupton's Sons Company, a corporate citizen of Pennsylvania, to recover $12,500, minimum yearly license royalty upon patents. On the trial of the case, and after hearing the plaintiffs proofs, the court charged the jury: "In the opinion of the court, the plaintiff has not made out a case. You are therefore directed to return a verdict...

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