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ROTHSTEIN v. ATLANTA PAPER COMPANY

No. 19557.

321 F.2d 90 (1963)

Isaac ROTHSTEIN, d/b/a Old Fashion Ma's Root Beer Bottling Company, Appellant, v. ATLANTA PAPER COMPANY and Mead-Atlanta Paper Company, Appellees. ATLANTA PAPER COMPANY and Mead-Atlanta Paper Company, Appellees, v. Isaac ROTHSTEIN, d/b/a Old Fashion Ma's Root Beer Bottling Company, Appellant.

United States Court of Appeals Fifth Circuit.

July 30, 1963.

Attorney(s) appearing for the Case

George V. Woodling, Cleveland, Ohio, Pierre Howard, Atlanta, Ga., Sidney A. Eisenberg, Cleveland, Ohio, for appellant.

Ernest P. Rogers, Walter M. Rodgers, Jr., Smith, Kilpatrick, Cody, Rogers & McClatchey, Miles J. Alexander, Atlanta, Ga., for appellees-appellants (defendants), Lawrence Biebel, Marechal, Biebel, French & Bugg, Dayton, Ohio, of counsel.

Before JONES and BELL, Circuit Judges and GROOMS, District Judge.

GRIFFIN B. BELL, Circuit Judge.

Appellant is the owner, as assignee from his brother, of United States Letters Patent No. 2,371,471. He brought this action for an alleged breach of a license agreement under that patent. Appellee1 counterclaimed alleging violation of a more favored terms clause in the license agreement, claiming retrospective application and a refund. The District Court entered...

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