THOMS v. SUTHERLAND

Nos. 4512-4514.

52 F.2d 592 (1931)

THOMS v. SUTHERLAND et al. EASTMAN KODAK CO. v. SUTHERLAND, Alien Property Custodian (two cases).

Circuit Court of Appeals, Third Circuit.

September 28, 1931.


Attorney(s) appearing for the Case

Shelton Pitney and Waldron M. Ward, both of Newark, N. J., for appellant Thoms.

Lindabury, Depue & Faulks, of Newark, N. J. (John W. Davis, of New York City, Frederick J. Faulks, of Newark, N. J., and Clarence P. Moser and Herbert R. Reif, both of Rochester, N. Y., of counsel), for appellant Eastman Kodak Co.

Phillip Forman, U. S. Atty., of Trenton, N. J., Ralph E. Lum, of Newark, N. J., Thos. E. Rhodes, of Washington, D. C., and A. Henry Walter and George D. Casto, both of Washington, D. C., for appellee Sutherland.

A. Henry Mosle, Henry A. Stickney, and William O. Gennert, all of New York City, and George W. Grimm, Jr., of Newark, N. J., for appellee Vereinigte Fabriken Photographischer Papiere.

Before BUFFINGTON, WOOLLEY, and THOMPSON, Circuit Judges.


WOOLLEY, Circuit Judge.

Two concerns, one domestic and the other foreign, divided between themselves trade territory in North America and Europe for the exclusive sale of certain products and by the same contract provided for the sale of the business of one concern to the other in certain countries. The transaction called for an issue of stock whose validity depends on the validity of the contract. The validity of the contract turns on two principles of law —...

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