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FILGER v. PLAX CORPORATION

No. 13423.

261 F.2d 369 (1958)

Joseph B. FILGER, Appellant, v. PLAX CORPORATION, Appellee.

United States Court of Appeals Sixth Circuit.

December 3, 1958.

Attorney(s) appearing for the Case

Truman A. Herron, and Robert S. Marx, Cincinnati, Ohio (Edmund P. Wood, of Wood, Herron & Evans, Cincinnati, Ohio, Squire Ogden and Malcolm Y. Marshall, of Ogden, Galphin & Abell, Louisville, Ky., on the brief), for appellant.

James P. Burns, Washington, D. C., and R. Lee Blackwell, Louisville, Ky. (Edward S. Irons of Burns, Doane, Benedict & Irons, Washington, D. C., Bullitt, Dawson & Tarrant, Louisville, Ky., on the brief), for appellee.

Before ALLEN, Chief Judge, and SIMONS and MARTIN, Circuit Judges.

PER CURIAM.

This is an appeal from a judgment of the District Court dismissing plaintiff's1 complaint and amended complaint which stated an action for royalties alleged to be due upon sales of a plastic squeeze bottle dispenser. Plaintiff, owner of a patent for such a dispenser, and defendant, a manufacturer of plastic bottles, had agreed May 6, 1952, as follows:

"In consideration of a promise by Plax to pay to Filger a royalty...

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