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BROGDEX CO. v. FOOD MACHINERY CORPORATION

No. 1114.

16 F.Supp. 228 (1936)

BROGDEX CO. et al. v. FOOD MACHINERY CORPORATION.

District Court, D. Delaware.

September 8, 1936.

Attorney(s) appearing for the Case

William G. Mahaffy, of Wilmington, Del., and Roy F. Steward and Clarence O. McKay (of Steward & McKay), both of New York City, for plaintiffs.

Hugh M. Morris and Alexander L. Nichols, both of Wilmington, Del., and Roland C. Foerster, of San Francisco, Cal., and Lyon & Lyon, of Los Angeles, Cal., for defendant.

NIELDS, District Judge.

Motion to dismiss bill of complaint praying for an injunction and an accounting. One ground assigned to sustain the motion to dismiss is the absence of Florida Brogdex Distributors, Inc., an indispensable party to the suit.

In 1934 the plaintiff Brogdex Company, a Florida corporation, was the holder of numerous patents covering processes and apparatus for covering citrus fruit with a protective coating of wax. In that year the defendant...

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