AMERICAN CHEMICAL PAINT CO. v. DOW CHEMICAL CO.

No. 10375.

164 F.2d 208 (1947)

AMERICAN CHEMICAL PAINT CO. v. DOW CHEMICAL CO.

Circuit Court of Appeals, Sixth Circuit.

November 17, 1947.


Attorney(s) appearing for the Case

Charles W. Rivise and Abraham D. Caesar, both of Philadelphia, Pa. (Robert S. Marx and Nichols, Wood, Marx & Ginter, all of Cincinnati, Ohio, Caesar & Rivise, C. W. Rivise, and A. D. Caesar, all of Philadelphia, Pa., and Alan N. Brown, of Detroit, Mich., on the brief), for appellant.

Bernard A. Schroeder, of Chicago, 111. (Bernard A. Schroeder, Charles J. Merriam, and Chritton, Schroeder, Merriam & Hofgren, all of Chicago, Ill., Calvin A. Campbell and Donald L. Conner, both of Midland, Mich., and Harness, Dickey & Pierce, of Detroit, Mich., on the brief), for appellee.

Before HICKS, SIMONS and MILLER, Circuit judges.


MILLER, Circuit Judge.

In our original opinion in this case, reported at 6 Cir., 161 F.2d 956, to which reference is made for a statement of the facts, we held that the venue of the action, controlled by Section 51 of the judicial Code, 28 U.S.C.A. § 112, was improper and that the ruling in Neirbo Company v. Bethlehem Shipbuilding Corp., 308 U.S. 165,...

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