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GILBERT v. GENERAL MOTORS CORPORATION

No. 39.

133 F.2d 997 (1943)

GILBERT v. GENERAL MOTORS CORPORATION.

Circuit Court of Appeals, Second Circuit.

February 23, 1943.

Attorney(s) appearing for the Case

Hugh J. O'Brien, of Rochester, N. Y. (Werner, Harris & Tew, and Frank Keiper, both of Rochester, N. Y., and John D. Meyer, of Pittsburgh, Pa., of counsel), for appellant.

Drury W. Cooper and Alan C. Bakewell, both of New York City, and Frederic R. Twelvetrees, of Buffalo, N. Y., for appellee.

Before AUGUSTUS N. HAND, CHASE, and FRANK, Circuit Judges.

CHASE, Circuit Judge.

This suit was brought in the District Court for the Western District of New York to charge the defendant as trustee ex maleficio for the plaintiff of an unpatented invention submitted by the plaintiff to the defendant in confidence for inspection and fraudulently appropriated by it. Federal jurisdiction is based on diversity. The district court found after trial that the defendant did not appropriate any invention the plaintiff submitted to it...

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