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FARBENFABRIKEN BAYER A. G. v. STERLING DRUG

No. 12226.

251 F.2d 300 (1958)

FARBENFABRIKEN BAYER A. G., Appellant, v. STERLING DRUG, Inc.

United States Court of Appeals Third Circuit.

Decided January 2, 1958.

Attorney(s) appearing for the Case

Milton V. Freeman, Washington, D. C., (Thurman Arnold, Edgar H. Brenner, Arnold, Fortas & Porter, Washington, D. C., Alexander T. Schenck, Bailey & Schenck, Newark, N. J., on the brief), for appellant.

John T. Cahill, New York City (Cahill, Gordon, Reindel & Ohl, Rogers, Hoge & Hills, New York City, O'Mara, Schumann, Davis & Lynch, Jersey City, N. J., on the brief), for appellee.

Before BIGGS, Chief Judge, and MARIS and McLAUGHLIN, Circuit Judges.

BIGGS, Chief Judge.

The plaintiff, Farbenfabriken Bayer A. G. (Farben), a corporation organized under the laws of the Federal Republic of West Germany, a former enemy alien within the meaning of Section 2(a) of the Trading with the Enemy Act, 50 U.S.C.A.Appendix § 2(a), seeks an accounting and other relief against Sterling Drug, Inc. (Sterling), basing its claims on alleged breaches of a cartel agreement, occurring in 1941 or soon thereafter. These claims, choses...

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