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BROGDEX CO. v. FOOD MACHINERY CO.

No. 6251.

92 F.2d 787 (1937)

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

Circuit Court of Appeals, Third Circuit.

Rehearing Denied November 2, 1937.

Attorney(s) appearing for the Case

William G. Mahaffy, of Wilmington, Del. (Roy F. Steward and Mitford C. Massie, both of New York City, of counsel), for appellants.

Hugh M. Morris and Alexander L. Nichols, both of Wilmington, Del. (Roland C. Foerster and Morrison, Hohfeld, Foerster, Shuman and Clark, all of San Francisco, Cal., and Lyon and Lyon, of Los Angeles, Cal., of counsel), for appellee.

Before BUFFINGTON and BIGGS, Circuit Judges and DICKINSON, District Judge.

DICKINSON, District Judge.

The bill of complaint is based upon a contract. The jurisdiction of the trial court is because of the diversity of citizenship of the parties. A motion was made on many grounds to dismiss the bill. The District Court dismissed it on the finding that the Florida Brogdex Distributors, Inc. (not a party to the proceedings), was the exclusive licensee of the Brogdex Company, one of the plaintiffs and the owner of the patents which were the subject...

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