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AGRICULTURAL CHEMICAL CO. v. DOW CHEMICAL CO.

No. 13827.

274 F.2d 411 (1960)

AGRICULTURAL CHEMICAL COMPANY, an Illinois Corporation, Appellant, v. DOW CHEMICAL COMPANY, a Michigan Corporation, Appellee.

United States Court of Appeals Sixth Circuit.

February 4, 1960.

Attorney(s) appearing for the Case

Henry Gifford Hardy, San Francisco, Cal. (Donald K. Tyler, Detroit, Mich., on the brief), for appellant.

Arthur W. Dickey, Detroit, Mich. (Harness, Dickey & Pierce, Detroit, Mich., on the brief), for appellee.

Before SHACKELFORD MILLER, Jr., and WEICK, Circuit Judges, and WILLIAM E. MILLER, District Judge.

WEICK, Circuit Judge.

The action below was for specific performance of a contract. At the conclusion of appellant's evidence, the District Court granted appellee's motion to dismiss the complaint.

The heart of the case lies in the construction to be given Clause 6 of the contract in suit. That provision read:

"On any United States patent issued to Dow out of a patent application filed subsequent to the date hereof and based upon the work provided...

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