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SIMMONS v. CAL. INSTITUTE OF TECHNOLOGY

Docket No. L.A. 19484.

34 Cal.2d 264 (1949)

209 P.2d 581

EDWARD E. SIMMONS, JR., Respondent, v. CALIFORNIA INSTITUTE OF TECHNOLOGY (a Corporation) et al., Appellants.

Supreme Court of California. In Bank.

September 16, 1949.

Attorney(s) appearing for the Case

O'Melveny & Myers, Louis W. Myers, Pierce Works, John Whyte and Lyon & Lyon for Appellants.

Samuel L. Kurland and A. Arnold Klein for Respondent.

EDMONDS, J.

Edward E. Simmons is an inventor who devised a strain sensitive element which is used in the measurement of impacts. He entered into a contract with California Institute of Technology concerning the payment of royalties under any licensing agreement made by him for its use and, subsequently, a contract with Baldwin Locomotive Works for the manufacture of his apparatus. The present action for declaratory relief...

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