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FENWAL, INC. v. MONTGOMERY

No. 12777.

193 F.2d 404 (1951)

FENWAL, Inc. v. MONTGOMERY et al.

United States Court of Appeals Ninth Circuit.

Rehearing Denied January 30, 1952.

Attorney(s) appearing for the Case

Morris M. Doyle, Walker Lowry, Joseph W. Grossman, San Francisco, Cal. (McCutchen, Thomas, Matthew, Griffiths & Greene, San Francisco, Cal., of counsel), for appellant.

Charles A. Christin, Wallace W. Scales, San Francisco, Cal., for appellee.

Before DENMAN, Chief Judge, ORR, Circuit Judge, and DRIVER, District Judge.

DENMAN, Chief Judge.

This is an appeal from judgment in a suit brought by appellant, a Massachusetts corporation, hereafter called Fenwal, for breach by non-payment of a written contract for the sale of certain thermostatic controls, manufactured by Fenwal and used as fire detectors in aircraft. These were sold and delivered by Fenwal to the appellees, citizens of California, hereafter called the Montgomerys. The controls were patented and could be obtained only from...

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