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BRULOTTE v. THYS CO.

No. 20.

379 U.S. 29 (1964)

BRULOTTE ET AL. v. THYS CO.

Supreme Court of United States.

Decided November 16, 1964.

Attorney(s) appearing for the Case

Edward S. Irons argued the cause for petitioners. With him on the briefs was Charles C. Countryman.

Elwood Hutcheson argued the cause for respondent. With him on the brief was George W. Wilkins.

Solicitor General Cox, Assistant Attorney General Orrick and Robert B. Hummel filed a brief for the United States, as amicus curiae, urging reversal.

Rufus S. Day, Jr., Robert W. Fulwider and Robert J. Woolsey filed a brief for Well Surveys, Inc., as amicus curiae, urging affirmance.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

Respondent, owner of various patents for hop-picking, sold a machine to each of the petitioners for a flat sum1 and issued a license for its use. Under that license there is payable a minimum royalty of $500 for each hop-picking season or $3.33 1/3 per 200 pounds of dried hops harvested by the machine, whichever is greater. The licenses by their terms may not be assigned nor may the...

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