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FITZGERALD v. McFADDEN

No. 269.

88 F.2d 639 (1937)

FITZGERALD v. McFADDEN et al.

Circuit Court of Appeals, Second Circuit.

March 15, 1937.

Attorney(s) appearing for the Case

Edwin V. Hellawell, of New York City, for appellant.

O'Connor & Farber, of New York City (W. Lee Helms and Arnold T. Koch, both of New York City, of counsel), for appellees.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

L. HAND, Circuit Judge.

This is an appeal from a decree in equity, dismissing a bill between co-adventurers. The facts are as follows: The defendant, McFadden, in the summer of 1931, by his solicitor, the defendant, Helms, filed an application for a patent on a process for cleaning ships' oil tanks. The plaintiff, Fitzgerald, who had lived in Georgia, and had been engaged all his life in shipping, met McFadden and Helms on November 18th, 1931, and they interested...

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