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FORMULABS, INC. v. HARTLEY PEN COMPANY

No. 16140.

275 F.2d 52 (1960)

FORMULABS, INC., Appellant, v. HARTLEY PEN COMPANY and E. I. du Pont de Nemours & Company, Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied April 8, 1960.

Attorney(s) appearing for the Case

William Douglas Sellers, Pasadena, Cal., for appellant.

Owen A. Bartlett, A. V. Falcone, Los Angeles, Cal., for Hartley Pen Co.

Lawler, Felix & Hall, John M. Hall, Brenton L. Metzler, Los Angeles, Cal., for E. I. du Pont de Nemours & Co.

Before BARNES and JERTBERG, Circuit Judges, and JAMESON, District judge.

JERTBERG, Circuit Judge.

Hartley Pen Company, a California corporation, the plaintiff in the district court and one of the appellees on this appeal, filed a complaint against E. I. du Pont de Nemours & Company, a Delaware corporation, the other appellee on this appeal, in the Superior Court of the State of California, in and for the County of Los Angeles, alleging breach of warranty. Such parties will hereafter be referred to respectively as Hartley and du Pont...

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