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PIERCE v. ALLEN B. DU MONT LABORATORIES, INC.

278 F.2d 323 (1960)

Helen Russell PIERCE, Executrix of the Last Will and Testament of George Washington Pierce, Deceased, Appellant, v. ALLEN B. DU MONT LABORATORIES, INC.

United States Court of Appeals Third Circuit.

Decided May 9, 1960.

Attorney(s) appearing for the Case

Thomas Cooch, Wilmington, Del., for appellant.

Floyd H. Crews, New York City, for appellee.

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

PER CURIAM.

Du Mont has moved to docket and dismiss the appeal at bar, that of Pierce, Executrix. The basis asserted for dismissal is the death of the original plaintiff, G. W. Pierce. The suit involves the validity and infringement of certain patents formerly owned by him and now possessed by his Executrix. Du Mont asserts that since, allegedly, the cause of action did not survive G. W. Pierce's death the suit should have been dismissed by the court below since his...

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