FORMULABS, INCORPORATED v. HARTLEY PEN COMPANY

Nos. 17741, 17799, 18180.

318 F.2d 485 (1963)

FORMULABS, INCORPORATED, Clarence Schreur and Gordon S. Lacy, Appellants, v. HARTLEY PEN COMPANY, Appellee, and E. I. DuPont 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. DuPont 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. FORMULABS, INCORPORATED, a corporation, Clarence Schreur, and Gordon S. Lacy, individuals doing business as Pacific Research Laboratory, a co-partnership, Appellants, v. HARTLEY PEN COMPANY, a corporation, doing business as The Hartley Co., and E. I. DuPont de Nemours & Company, a corporation, Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied July 6, 1963.


Attorney(s) appearing for the Case

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

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. duPont deNemours & Co.

Before BARNES, HAMLEY and JERTBERG, Circuit Judges.


Rehearing Denied in Nos. 17741 and 17799 July 6, 1963.

JERTBERG, Circuit Judge.

Since the above-entitled causes are to be disposed of in one opinion, a review of certain past proceedings in the District Court and in this Court may conduce to a better understanding of the problems presented in the various causes and place each party in proper focus.

The matters before us in the above causes are rooted in an action instituted by Hartley Pen Company against...

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