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ROSENTHAL v. E. I. DU PONT DE NEMOURS & CO.

No. 58.

145 F.2d 571 (1944)

ROSENTHAL v. E. I. DU PONT DE NEMOURS & CO.

Circuit Court of Appeals, Second Circuit.

November 20, 1944.

Attorney(s) appearing for the Case

Jay A. Gilman, of New York City (Avel B. Silverman, of New York City, and Max Edelman, of Tarrytown, N. Y., of counsel), for plaintiff-appellant.

William S. Pritchard, of New York City (Chester H. Biesterfeld, of Wilmington, Del., William S. Pritchard and H. H. Levin, both of New York City, and Charles F. Daley, of Wilmington, Del., of counsel), for defendant-appellee.

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

AUGUSTUS N. HAND, Circuit Judge.

This is an appeal by the plaintiff from a judgment granting defendant's motion to dismiss the complaint. The action was to recover a judgment: (1) That defendant be held liable for 2% of the net selling price of every pound of artificial yarn, other than cellulose acetate yarn, manufactured and sold by the defendant under a patent license granted by the plaintiff to the defendant in an agreement between the parties dated May 1, 1938...

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