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PATTERSON BALLAGH CORPORATION v. BYRON JACKSON CO.

No. 10553.

145 F.2d 786 (1944)

PATTERSON-BALLAGH CORPORATION v. BYRON JACKSON CO.

Circuit Court of Appeals, Ninth Circuit.

November 21, 1944.

Attorney(s) appearing for the Case

Musick, Burrell & Pinney, Howard Burrell, Anson B. Jackson, and Harold W. Mattingly, all of Los Angeles, Cal., for appellant.

Donald Y. Lamont, of San Francisco, Cal., Leonard S. Lyon and Irwin L. Fuller, both of Los Angeles, Cal. (Chickering & Gregory, of San Francisco, Cal., and Lyon & Lyon, of Los Angeles, Cal., of counsel), for appellee.

Before GARRECHT, DENMAN, and HEALY, Circuit Judges.

DENMAN, Circuit Judge.

Appellant, Patterson-Ballagh Corporation, a California corporation, was sued by appellee, Byron Jackson Co., a Delaware corporation, in the District Court for royalties alleged to be due it under a patent license agreement. Diversity of citizenship was the basis of jurisdiction. Appellant's answer and amended answer denied that any royalties were due from it by reason of lack of consideration and failure of consideration for the patent license...

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