OXFORD VARNISH CORPORATION v. AULT & WIBORG CORPORATION

No. 7005.

85 F.2d 390 (1936)

OXFORD VARNISH CORPORATION et al. v. AULT & WIBORG CORPORATION.

Circuit Court of Appeals, Sixth Circuit.

June 30, 1936.


Attorney(s) appearing for the Case

Samuel E. Darby, Jr., of New York City (Bates, Golrick & Teare and Albert R. Golrick, all of Cleveland, Ohio, on the brief), for appellants.

Edmund P. Wood, of Cincinnati, Ohio (Arthur M. Smith, of Detroit, Mich., and Truman A. Herron and Wood & Wood, all of Cincinnati, Ohio, on the brief), for appellee.

Before MOORMAN, HICKS, and SIMONS, Circuit Judges.


PER CURIAM.

In a petition for rehearing by the Oxford Varnish Corporation, appellant, it is urged that due to the fact that the court did not pass upon the validity of a contract between the appellant and its licensee, Horn, in the view that the issues in respect to it were moot, the petitioner is placed in the position where it will become liable to Horn for nonperformance of the contract if valid and enforceable, or be subject to another suit under the antitrust...

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