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ST. LOUIS CAR CO. v. J. G. BRILL CO.

No. 1741.

25 F.Supp. 244 (1937)

ST. LOUIS CAR CO. v. J. G. BRILL CO. et al.

District Court, E. D. Pennsylvania.

January 11, 1937.

Attorney(s) appearing for the Case

Sundheim, Folz & Sundheim and Samuel D. Goodis, all of Philadelphia, Pa., and Cushman, Darby & Cushman, John J. Darby, C. Willard Hayes, and Gorham F. Freer, all of Washington, D. C., for plaintiff.

Hugh M. Morris and S. Samuel Arsht, both of Wilmington, Del., and Donald U. Rich, of New York City, for defendant.

KIRKPATRICK, District Judge.

This is a suit in equity for an accounting. In 1906 the plaintiff's predecessor and the defendant agreed in writing to take licenses under a patent—O'Leary Re-Issue No. 11,992—which had been in litigation, and to pay royalties into a common pool for division between them. The defendant refused to pay royalties upon certain cars manufactured by it, beginning in 1911, and the question involved in this suit is whether or not...

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