FARBWERKE, MEISTER LUCIUS & BRUNING v. CHEMICAL FOUNDATION

Nos. 4094-4101.

39 F.2d 366 (1930)

FARBWERKE vormals MEISTER LUCIUS & BRUNING et al. v. CHEMICAL FOUNDATION, Inc., et al., and seven other cases.

Circuit Court of Appeals, Third Circuit.

March 4, 1930.


Attorney(s) appearing for the Case

Charles F. Curley, of Wilmington, Del., O'Gorman, Battle, Vandiver & Levy and Cravath, De Gersdorff, Swaine & Wood, all of New York City (Frederick H. Wood, Bruce Bromley, and Almuth C. Vandiver, all of New York City, of counsel), for the German Companies.

Leonard E. Wales, U. S. Atty., of Wilmington, Del., and Thomas E. Rhodes and P. H. Marcum, Sp. Assts. Atty. Gen., and Marion Henderson, Gen. Counsel Alien Property Custodian, for appellants Sutherland and another.

G. Carroll Todd, of Washington, D. C. (J. P. Laffey and W. S. Gregg, both of Wilmington, Del., of counsel), for appellee E. I. duPont deNemours & Co.

William G. Mahaffy, of Wilmington, Del. (Seiforde M. Stellwagen, of Washington, D. C., and James Garretson and Joseph H. Choate, Jr., both of New York City, of counsel), for Chemical Foundation, Inc.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.


WOOLLEY, Circuit Judge.

The Trading with the Enemy Act (approved October 6, 1917, 40 Stat. 411, c. 106 [50 USCA Appendix]), provided by section 10 (50 USCA Appendix, § 10) that the President be authorized to grant licenses under enemy owned patents to citizens of the United States desiring to practice their inventions when in his opinion such grants would be for the public welfare and tend to the successful prosecution of the war, being authorized within limitations...

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