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DIAMOND ALKALI CO. v. P. C. TOMSON & CO.

No. 3834.

35 F.2d 117 (1929)

DIAMOND ALKALI CO. v. P. C. TOMSON & CO., Inc.

Circuit Court of Appeals, Third Circuit.

October 3, 1929.

Attorney(s) appearing for the Case

Wm. Clarke Mason and John Russell, Jr., both of Philadelphia, Pa. (Morgan, Lewis & Bockius, of Philadelphia, Pa., of counsel), for appellant.

John A. Brown and Theo. F. Jenkins, both of Philadelphia, Pa., for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

DAVIS, Circuit Judge.

This is an appeal from a decree of the District Court dismissing the bill of complaint for want of equity.

The plaintiff-appellant is a manufacturer of soda ash, caustic soda, bicarbonate, and washing soda. These were used by the defendant, whose factory was at Philadelphia. The plaintiff's factory was at Fairport, Ohio. The parties thought that it would be to their mutual advantage if the defendant discontinued the operation of its plant...

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