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GENERAL MOTORS CO. v. SWAN CARBURETOR CO.

No. 5190.

44 F.2d 24 (1930)

GENERAL MOTORS CO. v. SWAN CARBURETOR CO.

Circuit Court of Appeals, Sixth Circuit.

On Motion for Rehearing November 5, 1930.

Attorney(s) appearing for the Case

J. L. Stackpole, of Boston, Mass. (Frederick P. Fish and H. L. Kirkpatrick, both of Boston, Mass., and White, Cannon & Spieth, of Cleveland, Ohio, on the brief), for appellant.

F. O. Richey, of Cleveland, Ohio (J. H. Milans, of Washington, D. C., and D. E. Morgan, Henderson, Quail, McGraw & Morgan, and Richey & Watts, all of Cleveland, Ohio, Milans & Milans, of Washington, D. C., on the brief), for appellee.

Before DENISON, HICKS, and HICKENLOOPER, Circuit Judges.

PER CURIAM.

The Swan Company, plaintiff below, was the licensor and the General Motors Company the licensee, in a patent license contract relating to an automobile intake manifold. To recover royalties thereunder, the Swan Company brought this suit in the state court; it was removed to the court below, and plainly belonged, as it was considered to be, upon the law side of the court. A jury was waived in writing; a trial was had, and testimony taken before the court...

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