ARMSTRONG v. DE FOREST

No. 390.

13 F.2d 438 (1926)

ARMSTRONG et al. v. DE FOREST et al.

Circuit Court of Appeals, Second Circuit.

July 12, 1926.


Attorney(s) appearing for the Case

Thomas Ewing, Drury W. Cooper, and John C. Kerr, all of New York City, for appellants.

Thomas G. Haight, of Jersey City, N. J., and Samuel E. Darby, of New York City, for appellee De Forest.

Harry E. Knight and Clifton V. Edwards, Sp. Asst. Attys. Gen., for the Secretary of the Navy and Alexander Meissner.

Before HOUGH, MANTON and HAND, Circuit Judges.


HOUGH, Circuit Judge (after stating the facts as above).

The present argument for plaintiffs has two parts, viz.: (1) If the instrument creating American Company's license, and annexed to the bill, be examined, it will be seen that American Company possesses thereunder rights of use, manufacture, and sale far greater than those remaining in De Forest Company. Wherefore a reasonable interpretation of the statute would render American Company, as the major party in...

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