FORMULABS, INCORPORATED v. HARTLEY PEN COMPANY

Nos. 17741, 17799.

306 F.2d 148 (1962)

FORMULABS, INCORPORATED, Clarence Schreur and Gordon S. Lacy, Appellants, v. HARTLEY PEN COMPANY, Appellee, and E. I. du Pont de Nemours & Company, Appellee. HARTLEY PEN COMPANY, a California Corporation, doing business as The Hartley Co., Petitioner, v. The Honorable William C. MATHES, Judge of the United States District Court for the Southern District of California, Central Division, Respondent, E. I. du Pont de Nemours & Company, a Delaware Corporation, and the Real Party in Interest, Respondent, Formulabs, Incorporated, a California Corporation; Clarence Schreur individually; Gordon S. Lacy, individually; Pacific Research Laboratory, a partnership, Respondents.

United States Court of Appeals Ninth Circuit.

As Corrected July 31, 1962.


Attorney(s) appearing for the Case

William Douglas Sellers, Pasadena, Cal., for appellants Formulabs, Inc.

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

Lawler, Felix & Hall and Robert Henigson, Los Angeles, Cal., for E. I. du Pont de Nemours & Co.

Before BARNES, HAMLEY and JERTBERG, Circuit Judges.


JERTBERG, Circuit Judge.

The matters before us in the above causes have their genesis in an action instituted by Hartley Pen Company, an appellee in No. 17741 and the petitioner in No. 17799, against E. I. du Pont de Nemours & Company, etc., an appellee in No. 17741 and a respondent in No. 17799, for damages for breach of warranty. Formulabs, Incorporated, Clarence Schreur and Gordon S. Lacy, etc. are appellants in No. 17741 and respondents (sometimes referred...

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