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KIRSCHNER v. WEST COMPANY

No. 13272.

300 F.2d 133 (1962)

Leon KIRSCHNER and Henry Naftulin, individually and as co-partners, trading as K-N Enterprises, Appellants, v. WEST COMPANY.

United States Court of Appeals Third Circuit.

Re-argued November 13, 1961.

Decided February 23, 1962.

Attorney(s) appearing for the Case

Harry R. Kozart, Philadelphia, Pa. (Weissman & Kozart, Philadelphia, Pa., on the brief), for appellants.

Theodore Voorhees, Philadelphia, Pa. (John T. Subak, Barnes, Dechert, Price, Myers & Rhoads, Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, and McLAUGHLIN, KALODNER, STALEY, HASTIE, GANEY and SMITH, Circuit Judges.

KALODNER, Circuit Judge.

In July 1952, the plaintiffs, inventors and developers of a coating composition for application to rubber or synthetic bottle closures or stoppers used by the pharmaceutical industry, entered into an agreement with the defendant company granting it an exclusive license to use their formula and method of application.

In January 1960, plaintiffs brought an action in the court below

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