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CHAMPLIN REFINING CO. v. GASOLINE PRODUCTS CO.

No. 2285.

29 F.2d 331 (1928)

CHAMPLIN REFINING CO. v. GASOLINE PRODUCTS CO.

Circuit Court of Appeals, First Circuit.

November 30, 1928.

Attorney(s) appearing for the Case

William S. Linnell, of Portland, Me., and Horace G. McKeever, of Enid, Okl. (Carl C. Jones, of Portland, Me., Harry O. Glasser, of Enid, Okl., and Emery O. Beane, of Augusta, Me., on the brief), for appellant.

John B. Marsh and Taylor, Blanc, Capron & Marsh, all of New York City (Robert Hale and Verrill, Hale, Booth & Ives, all of Portland, Me., on the brief), for appellee.

Before BINGHAM, JOHNSON, and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge.

As amended, this was a suit at law to recover royalties amounting, with interest, to $103,004.35, admittedly due under a written contract for a nonexclusive license to use the patented Cross cracking process. The defendant (appellant) filed a counterclaim for damages, specified in detail, grounded on an alleged breach of a contemporaneous contract with plaintiff to construct a plant for, and to use, royalty free, the Cross vapor phase treating...

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