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STOKES & SMITH CO. v. TRANSPARENT-WRAP MACH. CORP.

No. 262.

156 F.2d 198 (1946)

STOKES & SMITH CO. v. TRANSPARENT-WRAP MACH. CORPORATION.

Circuit Court of Appeals, Second Circuit.

May 1, 1946.

Attorney(s) appearing for the Case

Samuel E. Darby, Jr., of New York City (Virgil E. Woodcock, of Philadelphia, Pa., of counsel), for appellant.

R. Morton Adams and Pennie, Edmonds, Morton & Barrow, all of New York City (W. B. Morton, Jr., of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and FRANK, Circuit Judges.

L. HAND, Circuit Judge.

This is an appeal from a judgment, dismissing the plaintiff's complaint for a declaratory judgment, and directing it to assign eleven patents to the defendant. The parties are corporations organized under the laws of different states, and in the spring of 1944 they had come to a critical difference as to the effect of a contract, entered into between them on June 23, 1937. The defendant, on April 29, 1944, elected to terminate this contract...

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