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OWENS GENERATOR COMPANY v. H. J. HEINZ COMPANY

No. 17511.

314 F.2d 66 (1963)

OWENS GENERATOR COMPANY, Inc., a defunct New Jersey corporation, et al., Appellants, v. H. J. HEINZ COMPANY, a Pennsylvania corporation, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied February 21, 1963.

Attorney(s) appearing for the Case

Carl Hoppe and James F. Mitchell, Jr., San Francisco, Cal., for appellants.

Brobeck, Phleger & Harrison, Moses Lasky and Richard Haas, San Francisco, Cal., for appellee.

Before MERRILL and BROWNING, Circuit Judges, and TAYLOR, District Judge.

PER CURIAM.

We agree with the district court that the Generator Company's rights of license or ownership of the patents as against Owens had terminated pursuant to the terms of the agreement creating those rights and that Owens was the sole owner of the patents at the time of his settlement with Heinz.

We are not impressed with the contentions of appellants that notwithstanding the terms of the agreement the judgment of the California Superior Court constituted...

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