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CHEMICAL FOUNDATION v. GENERAL ANILINE WORKS

No. 998.

20 F.Supp. 509 (1937)

CHEMICAL FOUNDATION, Inc., v. GENERAL ANILINE WORKS, Inc.

District Court, D. Delaware.

July 7, 1937.

Attorney(s) appearing for the Case

William G. Mahaffy, of Wilmington, Del., Drury W. Cooper (of Cooper, Kerr & Dunham) and Seward Davis, both of New York City, for plaintiff.

James M. Malloy, of Wilmington, Del., and George F. Scull and Charles W. Mortimer (of Gifford, Scull & Burgess), both of New York City, for defendant.

NIELDS, District Judge.

This is a suit in equity to charge defendant as constructive trustee of the title to Herz United States patents No. 1,637,023 and No. 1,699,432 and a divisional application No. 192,780 for the benefit of plaintiff. The relief sought is the transfer of the title to these patents by defendant to plaintiff. In its amended bill of complaint plaintiff avers:

"Tenth: On information and belief, that thereafter, and on or about August 2, 1918...

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